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

Appellate Division of the Supreme Court of the State of New York·Decided March 7, 1941·Published·Cited by 4 cases

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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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.

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

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Opinion

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