Piteo v. Barnwell Bros.

City of New York Municipal Court

Piteo v. Barnwell Bros.

180 Misc. 657, 43 N.Y.S.2d 847, 1943 N.Y. Misc. LEXIS 2339

DecidedSeptember 20, 1943

StatusPublished

This text of 180 Misc. 657 (Piteo v. Barnwell Bros.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Piteo v. Barnwell Bros., 180 Misc. 657, 43 N.Y.S.2d 847, 1943 N.Y. Misc. LEXIS 2339 (N.Y. Super. Ct. 1943).

Pincite

Opinion

McCullen, J.

The defendant has moved for an order consolidating a Municipal Court action with the present City Court action pursuant to section 18-a of the New York City Court Act (L. 1926, ch. 539). The Municipal Court action is a nonjury cause while the action in this court is a jury cause. This court cannot force the plaintiff to try his cause before a jury when he has • waived one. A consolidation would, in effect, force the plaintiff to do that which this court is powerless to order him to do. It is clear that the motion for a consolidation of the two causes must be denied for the above reason, since it would seriously prejudice the rights of the plaintiff. Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

McCullen, J.

The defendant has moved for an order consolidating a Municipal Court action with the present City Court action pursuant to section 18-a of the New York City Court Act (L. 1926, ch. 539). The Municipal Court action is a nonjury cause while the action in this court is a jury cause. This court cannot force the plaintiff to try his cause before a jury when he has • waived one. A consolidation would, in effect, force the plaintiff to do that which this court is powerless to order him to do. It is clear that the motion for a consolidation of the two causes must be denied for the above reason, since it would seriously prejudice the rights of the plaintiff. Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

180 Misc. 657, 43 N.Y.S.2d 847, 1943 N.Y. Misc. LEXIS 2339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piteo-v-barnwell-bros-nynyccityct-1943.