Dixon v. Title Guarantee & Trust Co.

264 A.D. 739, 34 N.Y.S.2d 437, 1942 N.Y. App. Div. LEXIS 4451

Opinion

-Order denying appellants’ motion to strike the cause from the jury calendar and place it on the non-jury calendar, on the ground that plaintiffs had waived then right to a jury trial under subdivision 5 of section 426 of the Civil Practice Act, in so far as appealed from, affirmed, with ten dollars costs and disbursements (Bakopoulos v. Bank of Athens Trust Co., 285 N. Y. 451.) Lazansky, P. J., Cars-well, Johnston, Adel and Taylor, JJ., concur.