Carolyn Schnurer, Inc. v. Stein

The opinion of the court was delivered by

Goldmann, S. J. A. D.

Plaintiffs appeal from an order denying their application for a jury trial on the retrial of their property damage action. The basis of the denial was a stipulation contained in the original pretrial order whereby all parties consented that the matters be tried before the court sitting without a jury.

Plaintiffs instituted their action on May 28, 1955. The pretrial conference on March 21, 1956 resulted in an order reciting that “All parties have consented that this matter be tried before the court alone, and without a jury.” At the…