Elia v. Universal Terminal & Stevedoring Corp.

Appellate Division of the Supreme Court of New York

Elia v. Universal Terminal & Stevedoring Corp.

3 A.D.2d 911, 163 N.Y.S.2d 948, 1957 N.Y. App. Div. LEXIS 5637

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

DecidedMay 6, 1957

StatusPublished

This text of 3 A.D.2d 911 (Elia v. Universal Terminal & Stevedoring Corp.) 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

Elia v. Universal Terminal & Stevedoring Corp., 3 A.D.2d 911, 163 N.Y.S.2d 948, 1957 N.Y. App. Div. LEXIS 5637 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to recover damages for personal injuries, the appeal is from an order denying appellant’s motion to withdraw his waiver of a jury trial, made at a pretrial conference, and to restore the action to its proper place on the jury trial calendar. Order modified so as to provide that the motion be granted insofar as it seeks leave to withdraw the waiver. As so modified, order affirmed, without costs, and the cause remitted to the Trial Term for further proceedings not inconsistent herewith. In our opinion, appellant under the circumstances disclosed, should be relieved of his waiver. Present — Nolan, P, J., Wenzel, Beldoek, Hallinan and Kleinfeld, JJ.

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In an action to recover damages for personal injuries, the appeal is from an order denying appellant’s motion to withdraw his waiver of a jury trial, made at a pretrial conference, and to restore the action to its proper place on the jury trial calendar. Order modified so as to provide that the motion be granted insofar as it seeks leave to withdraw the waiver. As so modified, order affirmed, without costs, and the cause remitted to the Trial Term for further proceedings not inconsistent herewith. In our opinion, appellant under the circumstances disclosed, should be relieved of his waiver. Present — Nolan, P, J., Wenzel, Beldoek, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

3 A.D.2d 911, 163 N.Y.S.2d 948, 1957 N.Y. App. Div. LEXIS 5637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elia-v-universal-terminal-stevedoring-corp-nyappdiv-1957.