Chelsea Hotel Corp. v. Fellows

Appellate Terms of the Supreme Court of New York

Chelsea Hotel Corp. v. Fellows

21 Misc. 2d 281, 199 N.Y.S.2d 790, 1959 N.Y. Misc. LEXIS 2436

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 10, 1959

StatusPublished

This text of 21 Misc. 2d 281 (Chelsea Hotel Corp. v. Fellows) 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

Chelsea Hotel Corp. v. Fellows, 21 Misc. 2d 281, 199 N.Y.S.2d 790, 1959 N.Y. Misc. LEXIS 2436 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

We agree with the tenant-appellant that a demand for a jury trial was timely made on the adjourned date for the return of the precept because prior to that time there had been no joinder of issue on the precept. However in stipulating for the adjournment it is clear that the tenant’s counsel [282]*282intended to waive the right to demand a jury and we see no occasion to disturb the court’s ruling to that effect.

The final order should be affirmed, with $20 costs.

Concur — Steuer, J. P., Aurelio and Tilzer, JJ.

Final order affirmed, etc.

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Per Curiam.

We agree with the tenant-appellant that a demand for a jury trial was timely made on the adjourned date for the return of the precept because prior to that time there had been no joinder of issue on the precept. However in stipulating for the adjournment it is clear that the tenant’s counsel [282]*282intended to waive the right to demand a jury and we see no occasion to disturb the court’s ruling to that effect.

The final order should be affirmed, with $20 costs.

Concur — Steuer, J. P., Aurelio and Tilzer, JJ.

Final order affirmed, etc.

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Bluebook (online)

21 Misc. 2d 281, 199 N.Y.S.2d 790, 1959 N.Y. Misc. LEXIS 2436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chelsea-hotel-corp-v-fellows-nyappterm-1959.