Academy Street Realty Corp. v. Young

Appellate Division of the Supreme Court of New York

Academy Street Realty Corp. v. Young

25 A.D.2d 435, 266 N.Y.S.2d 906, 1966 N.Y. App. Div. LEXIS 5223

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 10, 1966

StatusPublished

Cited by3 cases

This text of 25 A.D.2d 435 (Academy Street Realty Corp. v. Young) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Academy Street Realty Corp. v. Young, 25 A.D.2d 435, 266 N.Y.S.2d 906, 1966 N.Y. App. Div. LEXIS 5223 (N.Y. Ct. App. 1966).

Pincite

Opinion

In an action pursuant to article 15 of the Real Property Law (now Real Property Actions and Proceedings Law) for a determination that specified restrictive covenants contained in certain deeds are no longer in full force and effeet, defendants appeal from an order of the Supreme Court, Dutchess County, entered May 12, 1965, which on the court’s own motion struck the action from the Jury Calendar and placed it on the Non-Jury Calendar. Defendants’ answer pleaded a counterclaim for injunctive relief. Order affirmed, with $10 costs and disbursements. By pleading ah equitable cause of action, defendants have waived their right to a jury trial. (Noto v. Headley, 21 A D 2d 686.)

Beldock, P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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In an action pursuant to article 15 of the Real Property Law (now Real Property Actions and Proceedings Law) for a determination that specified restrictive covenants contained in certain deeds are no longer in full force and effeet, defendants appeal from an order of the Supreme Court, Dutchess County, entered May 12, 1965, which on the court’s own motion struck the action from the Jury Calendar and placed it on the Non-Jury Calendar. Defendants’ answer pleaded a counterclaim for injunctive relief. Order affirmed, with $10 costs and disbursements. By pleading ah equitable cause of action, defendants have waived their right to a jury trial. (Noto v. Headley, 21 A D 2d 686.)

Beldock, P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

25 A.D.2d 435, 266 N.Y.S.2d 906, 1966 N.Y. App. Div. LEXIS 5223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/academy-street-realty-corp-v-young-nyappdiv-1966.

Opinion

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