Boros v. Mayo
8 Misc. 2d 949, 160 N.Y.S.2d 916, 1957 N.Y. Misc. LEXIS 3581
Opinion
The imposition of the condition for the opening of the default which deprived defendants of a trial by jury was an abuse of discretion (Gluech v. Tull, 192 App. Div. 81; Zeesell Realty v. Cunningham, 125 Misc. 444). The defendants in these circumstances did not absolutely waive the right to an examination before trial.
The order should be modified by striking therefrom the provision imposing conditions, and as modified affirmed, without costs. The cross appeal of the plaintiff should be dismissed.
Order modified, etc.
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Boros v. Mayo, 8 Misc. 2d 949, 160 N.Y.S.2d 916, 1957 N.Y. Misc. LEXIS 3581 (N.Y. Ct. App. 1957).
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Related
Glueck v. Tull
192 A.D. 81 (Appellate Division of the Supreme Court of New York, 1920)
Zeesell Realty Co. v. Cunningham
125 Misc. 444 (Appellate Terms of the Supreme Court of New York, 1925)