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

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1939·Published

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.

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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257 A.D. 846 (Swain v. Title Guarantee & Trust Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.