Order reversed, without costs, and proceeding remitted to Special Term for the purpose of confirming, rejecting or modifying the Referee's report on the merits.
The order appealed from denied respondent's motion to confirm the report of a Referee to hear and report solely on the ground of respondent's delay for nine months after the date of filing of the report in so moving. CPLR 4403 was specifically enacted, in part, to overrule the holding in Rosenfield v. Rosenfield...
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