New York Court of Appeals

Cornelia Austin, Appellant v. Margaret M. Ahearne, Respondents

September 5, 187461 N.Y. 6

Summary

The Court affirmed the Special Term's judgment, holding that a referee's factual findings are binding while the court may correct any erroneous legal conclusions without remanding, that an attornment continues the existing lease under the same terms, and that the plaintiff's interest is subject to the leases after valid attornments, justifying a sale subject to those leases.