Island Improvements, Inc. v. May

Appellate Division of the Supreme Court of New York

Island Improvements, Inc. v. May

231 A.D. 837

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

DecidedDecember 15, 1930

StatusPublished

Cited by3 cases

This text of 231 A.D. 837 (Island Improvements, Inc. v. May) 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

Island Improvements, Inc. v. May, 231 A.D. 837 (N.Y. Ct. App. 1930).

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Opinion

Motion for peremptory mandamus order directing the trial justice to render a decision and sign a judgment granted. The right to a jury trial having been waived, the action was properly tried by the court. (Civ. Prac. Act, §§ 426, 428.) The court, having tried the case, must decide it and make a decision and judgment, and the court’s action in setting aside the so-called decision and directing that the issues be tried before the court with a jury was not a proper exercise of discretion. (Smith v. Geiger, 202 N. Y. 306, 312; O’Brien v. Bowes, 4 Bosw. 657.) The form of relief is by the way of mandamus. (Norwegian Lutheran Trinity Church v. Krelsovitch, 147 App. Div. 108.) Present — Lazansky, P. J., Young, Kapper, Carswell and Scudder, JJ.

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Motion for peremptory mandamus order directing the trial justice to render a decision and sign a judgment granted. The right to a jury trial having been waived, the action was properly tried by the court. (Civ. Prac. Act, §§ 426, 428.) The court, having tried the case, must decide it and make a decision and judgment, and the court’s action in setting aside the so-called decision and directing that the issues be tried before the court with a jury was not a proper exercise of discretion. (Smith v. Geiger, 202 N. Y. 306, 312; O’Brien v. Bowes, 4 Bosw. 657.) The form of relief is by the way of mandamus. (Norwegian Lutheran Trinity Church v. Krelsovitch, 147 App. Div. 108.) Present — Lazansky, P. J., Young, Kapper, Carswell and Scudder, JJ.

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Bluebook (online)

231 A.D. 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/island-improvements-inc-v-may-nyappdiv-1930.

Opinion

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