In re the Estate of Cavallaro

Appellate Division of the Supreme Court of New York

In re the Estate of Cavallaro

284 A.D. 865, 133 N.Y.S.2d 653, 1954 N.Y. App. Div. LEXIS 3828

Appellate Division of the Supreme Court of the State of New York·Decided September 22, 1954·Published

Opinion

Order reversed on the law and facts, with $10 costs and disbursements, and application for a jury trial granted. Memorandum: We think on this record there is a genuine and bona fide issue of legal title and either party has the right to a jury trial on demand. (Matter of Comfort, 234 App. Div. 19.) We hold under the circumstances here shown [866] the delay was not unreasonable. All concur. (Appeal from an order denying a demand for a jury trial in a discovery proceeding.) Present- — -Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.

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Order reversed on the law and facts, with $10 costs and disbursements, and application for a jury trial granted. Memorandum: We think on this record there is a genuine and bona fide issue of legal title and either party has the right to a jury trial on demand. (Matter of Comfort, 234 App. Div. 19.) We hold under the circumstances here shown [866] the delay was not unreasonable. All concur. (Appeal from an order denying a demand for a jury trial in a discovery proceeding.) Present- — -Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.

In re the Estate of Cavallaro, 284 A.D. 865, 133 N.Y.S.2d 653, 1954 N.Y. App. Div. LEXIS 3828 (N.Y. Ct. App. 1954).

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Opinion

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