Nieves v. Stephens

Appellate Terms of the Supreme Court of New York

Nieves v. Stephens

85 Misc. 2d 900, 381 N.Y.S.2d 184, 1976 N.Y. Misc. LEXIS 2082

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 11, 1976

StatusPublished

This text of 85 Misc. 2d 900 (Nieves v. Stephens) 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

Nieves v. Stephens, 85 Misc. 2d 900, 381 N.Y.S.2d 184, 1976 N.Y. Misc. LEXIS 2082 (N.Y. Ct. App. 1976).

Pincite

Opinion

Per Curiam.

The court below erred in denying to tenant her right to a trial by jury. The relevant language of section 745 of the Real Property Actions and Proceedings Law is unequivocal and, as such, a demand for the rights contained therein, if timely, is not addressed to the discretion of the court. As long as triable issues of fact are raised, of which the instant proceeding contains a plethora, a court’s investigation into the merits of the case and/or its consideration of the fiscal difficulties presently faced by the City of New York is improper and unnecessary.

Moreover, "As a poor person, she may not be required to pay a jury fee (CPLR 1102, subd [d])” (Hotel Martha Washington Mgt. Co. v Swinick, 66 Misc 2d 833, 834). Order entered December 2, 1975, reversed without costs.

Concur: Dudley, J.P., Hughes and Riccobono, JJ.

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Per Curiam.

The court below erred in denying to tenant her right to a trial by jury. The relevant language of section 745 of the Real Property Actions and Proceedings Law is unequivocal and, as such, a demand for the rights contained therein, if timely, is not addressed to the discretion of the court. As long as triable issues of fact are raised, of which the instant proceeding contains a plethora, a court’s investigation into the merits of the case and/or its consideration of the fiscal difficulties presently faced by the City of New York is improper and unnecessary.

Moreover, "As a poor person, she may not be required to pay a jury fee (CPLR 1102, subd [d])” (Hotel Martha Washington Mgt. Co. v Swinick, 66 Misc 2d 833, 834). Order entered December 2, 1975, reversed without costs.

Concur: Dudley, J.P., Hughes and Riccobono, JJ.

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Bluebook (online)

85 Misc. 2d 900, 381 N.Y.S.2d 184, 1976 N.Y. Misc. LEXIS 2082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nieves-v-stephens-nyappterm-1976.

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