
    SNELL, Appellant, v. NIAGARA PAPER MILLS, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    May 20, 1908.)
    Action by Ralph M. Snell against the Niagara Paper Mills.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Held that, as the cause of action set forth in the complaint was not referable, and was denied by the answer, and the long account was contained in the counterclaim, the Special Term had no authority to grant the order of reference. Steck v. Colorado Fuel & Iron Co., 142 N. Y. 236, 37 N. E. 1, 25 L. R. A. 67.

McLENNAN, P. J., and WILLIAMS, J.,

dissent, on the authority of Irving v. Irving, 90 Hun, 423, 35 N. Y. Supp. 744, affirmed 149 N. Y. 573, 43 N. E. 987.  