Wasserman v. Taubin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Sam Wassevnian and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of October, 1908, as resettled by an order bearing date the 14th day of October, 1908, and entered in said clerk’s office, striking a cause from the calendar of a Trial Term of the Supreme Court and requiring the plaintiffs to accept the defendants’ notice of trial for a…
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Appeal by the plaintiffs, Sam Wassevnian and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of October, 1908, as resettled by an order bearing date the 14th day of October, 1908, and entered in said clerk’s office, striking a cause from the calendar of a Trial Term of the Supreme Court and requiring the plaintiffs to accept the defendants’ notice of trial for a Special Term thereof.
1Opinion of the Court
Miller, J.:
The action is brought to recover the amount of a, deposit and damages for the breach of an agreement to sell and convey real property. The complaint demands judgment for a sum of money only. The answer, among other things, pleads a counterclaim for the specific performance of said contract, to which the plaintiffs replied. The plaintiffs properly noticed the cause for the Trial Term and could not be deprived of their right to a jury trial by an order striking the cause from the calendar. (See Code Civ. Proc. § 968.) The motion was granted on the authority of Thomas v. Bronx Realty…
2Cases cited2 opinions
- Goss v. C. S. Goss & Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Thomas v. Bronx Realty Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
- Jackson v. RentropAppellate Division of the Supreme Court of the State of New York · 1921