Conway v. Farish-Stafford Co. 151 N.Y.S. 1110

PER CURIAM.

Inasmuch as there was no effective stipulation, the compensation of the referee must be limited to the legal rate prescribed by section 3296 of the Code of Civil Procedure. Order reversed, with $10 costs and disbursements, and proceeding remitted to the clerk of the county of Queens for the retaxation of plaintiff’s costs, upon notice. See, also, 157 App. Div. 481, 142 N. Y. Supp. 572.