Szarzynski v. Rogers

Appellate Division of the Supreme Court of New York

Szarzynski v. Rogers

3 A.D.2d 735, 160 N.Y.S.2d 820, 1957 N.Y. App. Div. LEXIS 6260

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

DecidedMarch 12, 1957

StatusPublished

This text of 3 A.D.2d 735 (Szarzynski v. Rogers) 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

Szarzynski v. Rogers, 3 A.D.2d 735, 160 N.Y.S.2d 820, 1957 N.Y. App. Div. LEXIS 6260 (N.Y. Ct. App. 1957).

Pincite

Opinion

Upon the papers the court was fully justified in denying the motion for a preference. The denial by the court below, without prejudice in the event the plaintiff stipulated to waive a trial by jury, was a generous act on the part of the learned Trial Term in view of all the circumstances disclosed by the record. In any event, no preference is required for a nonjury trial, the nonjury calendar being presently current. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Concur — Peck, P. J., Rabin, Frank, McNally and Bergan, JJ.

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Upon the papers the court was fully justified in denying the motion for a preference. The denial by the court below, without prejudice in the event the plaintiff stipulated to waive a trial by jury, was a generous act on the part of the learned Trial Term in view of all the circumstances disclosed by the record. In any event, no preference is required for a nonjury trial, the nonjury calendar being presently current. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Concur — Peck, P. J., Rabin, Frank, McNally and Bergan, JJ.

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Bluebook (online)

3 A.D.2d 735, 160 N.Y.S.2d 820, 1957 N.Y. App. Div. LEXIS 6260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szarzynski-v-rogers-nyappdiv-1957.