Toohey v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Toohey v. Brooklyn & Queens Transit Corp.

248 A.D. 894, 290 N.Y.S. 487, 1936 N.Y. App. Div. LEXIS 7981

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

DecidedOctober 16, 1936

StatusPublished

This text of 248 A.D. 894 (Toohey v. Brooklyn & Queens Transit Corp.) 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

Toohey v. Brooklyn & Queens Transit Corp., 248 A.D. 894, 290 N.Y.S. 487, 1936 N.Y. App. Div. LEXIS 7981 (N.Y. Ct. App. 1936).

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Opinion

In a negligence action, order directing a jury trial reversed on the law, with ten dollars costs and disbursements, and plaintiffs’ motion denied, with ten dollars costs. In our opinion, the court was without power to direct a jury trial to aid it in the determination of the issues raised in the action where such jury trial had been waived by the parties. (Civ. Prac. Act, § 426.) Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.

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In a negligence action, order directing a jury trial reversed on the law, with ten dollars costs and disbursements, and plaintiffs’ motion denied, with ten dollars costs. In our opinion, the court was without power to direct a jury trial to aid it in the determination of the issues raised in the action where such jury trial had been waived by the parties. (Civ. Prac. Act, § 426.) Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.

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Bluebook (online)

248 A.D. 894, 290 N.Y.S. 487, 1936 N.Y. App. Div. LEXIS 7981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toohey-v-brooklyn-queens-transit-corp-nyappdiv-1936.