Voges Manufacturing Co. v. New York & Queens Electric Light & Power Co.

Appellate Division of the Supreme Court of New York

Voges Manufacturing Co. v. New York & Queens Electric Light & Power Co.

261 A.D. 377, 25 N.Y.S.2d 570, 1941 N.Y. App. Div. LEXIS 7334

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

DecidedMarch 7, 1941

StatusPublished

Cited by4 cases

This text of 261 A.D. 377 (Voges Manufacturing Co. v. New York & Queens Electric Light & Power 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

Voges Manufacturing Co. v. New York & Queens Electric Light & Power Co., 261 A.D. 377, 25 N.Y.S.2d 570, 1941 N.Y. App. Div. LEXIS 7334 (N.Y. Ct. App. 1941).

Pincite

Opinion

Per Curiam.

Plaintiff sues in equity. Defendant interposes a legal counterclaim and seeks a money judgment. In the circumstances plaintiff was entitled as a matter of right to a jury trial of the issues raised by the counterclaim and reply. (Civ. Prac. Act, § 424; Deeves v. Metropolitan, etc., Co., 6 Misc. 91; affd. on opinion below, 141 N. Y. 587; Di Menna v. Cooper & Evans Co., 220 id. 391; Herb v. Metropolitan Hospital, 80 App. Div. 145.) The motion for such relief should have been granted.

It follows that the order should be reversed, with twenty dollars costs and disbursements, and the motion granted.

Present- — -Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

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