Vincent v. Cooperman

Motion by defendant for an order vacating a portion of an order directing that plaintiff may serve and file a demand for a jury in this action. Defendant claims that originally the plaintiff brought this action for equitable and legal relief and for that reason plaintiff waived any right which he may have had to a trial by jury. The action had been reached for trial in the month of January, 1953, in Special Term, Part I'll, of this court, when the court was apprised that due to certain facts the action in equity had become academic and thereupon the court transferred the cause to Trial Term…