Carolyn Schnurer, Inc. v. Stein

The opinion of the court was delivered by

Ekafcis, J.

In this negligence action, which was instituted on May 28, 1955, the parties at pretrial conference agreed upon a trial without a jury. The stipulation was incorporated in the order which was signed by them and by the court. Such trial was had and at the conclusion of the plaintiffs’ proof, a motion for involuntary dismissal was granted. Appeal resulted in a reversal and remand for new trial. On April 7, 1958 a new pretrial conference was held, at which time plaintiffs applied for retrial by jury. The assignment judge denied the request and…