
    Margaret J. Hassard, Appellant, v. James Harold Warner, Respondent.
    Appeal from an order of the City Court of the city of New York, referring this action'and all the issues, therein to a referee to hear and determine.
    B. G. Oppenheim, for appellant.
    David C. Bennett, Jr., for respondent.
   Conlan, J.

The answer admits the allegations of the complaint and sets up a counterclaim for professional services as attorney to an amount exceeding plaintiff’s claim. The case comes within the rule laid down in Randall v. Sherman, 131 N. Y. 670, and Feeter v. Arkenburgh, 147 id. 237. Order appealed from reversed, with costs.

Fitzsimons, Ch. J., concurs.

Hascall, J. (dissenting).

I think the service of reply puts in issue the matter that requires the offices of a referee and that the order should be affirmed. For this reason I dissent.

Order reversed, with costs.  