Heller v. Hacken

In an action for money damages and an injunction, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, entered September 13, 1972, as (1) denied his motion to strike the action from the Equity Jury Calendar and place it on the Equity Nonjury Calendar and (2) granted plaintiff’s oral cross motion for leave to discontinue the second cause of action (for an injunction) in plaintiff’s complaint. Order reversed insofar as appealed from, with $10 costs and disbursements; defendant’s motion granted; and plaintiff’s oral cross motion denied. By…