Rucker v. Fifth Avenue Coach Lines, Inc.

205 N.E.2d 878, 15 N.Y.2d 852, 257 N.Y.S.2d 959, 1965 N.Y. LEXIS 1619

Opinion

Motion for reargument denied.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the motion for reargument herein there was presented and necessarily passed upon an alleged question under the Constitution of the United States, viz.: Plaintiff contended that the dismissal of her complaint by this court deprived her of a jury trial as guaranteed by the Seventh Amendment to the Constitution of the United States and, therefore, constituted a denial of due process under the Fourteenth Amendment. The Court of Appeals held there was no violation of any constitutional rights. [See 15 N Y 2d 516.]