Swain v. Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of New York

Swain v. Title Guarantee & Trust Co.

257 A.D. 846, 12 N.Y.S.2d 765, 1939 N.Y. App. Div. LEXIS 8129

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

DecidedMay 15, 1939

StatusPublished

This text of 257 A.D. 846 (Swain v. Title Guarantee & Trust Co.) 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

Swain v. Title Guarantee & Trust Co., 257 A.D. 846, 12 N.Y.S.2d 765, 1939 N.Y. App. Div. LEXIS 8129 (N.Y. Ct. App. 1939).

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Opinion

— Order granting leave to plaintiff to serve a demand for a jury trial under section 426, subdivision 5, of the Civil Practice Act, nunc pro tunc, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Under the circumstances disclosed, it was an improper exercise of discretion to grant the motion. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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— Order granting leave to plaintiff to serve a demand for a jury trial under section 426, subdivision 5, of the Civil Practice Act, nunc pro tunc, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Under the circumstances disclosed, it was an improper exercise of discretion to grant the motion. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

257 A.D. 846, 12 N.Y.S.2d 765, 1939 N.Y. App. Div. LEXIS 8129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swain-v-title-guarantee-trust-co-nyappdiv-1939.