Boros v. Mayo

Appellate Terms of the Supreme Court of New York

Boros v. Mayo

8 Misc. 2d 949, 160 N.Y.S.2d 916, 1957 N.Y. Misc. LEXIS 3581

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 31, 1957

StatusPublished

This text of 8 Misc. 2d 949 (Boros v. Mayo) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boros v. Mayo, 8 Misc. 2d 949, 160 N.Y.S.2d 916, 1957 N.Y. Misc. LEXIS 3581 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

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.

Hecht, Aurelio and Tilzer, JJ., concur.

Order modified, etc.

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