New York Court of Appeals

Sarah Lazarus, Respondents v. the Metropolitan Elevated Railway Company, Appellants

April 16, 1895145 N.Y. 581

Summary

The Court affirmed the lower court's denial of the defendants' motion, holding that the repeal of §1023 of the Code of Civil Procedure after the case was submitted to the referee relieved the referee of the duty to note the disposition of proposed findings and did not impair any accrued right of the parties. The repeal applied prospectively to pending actions because no specific exception was made.