General Investment Co. v. Interborough Rapid Transit Co.

The appeal by defendant herein brings up for review a judgment of the Appellate Division entered upon an order which affirmed a summary judgment granted, at Special Term in favor of plaintiff under rule 113, Eules of Civil Practice. In view of the argument of counsel in his brief as well as oral that the stated rule is invalid in that it infringes upon the constitutional right of defendant to trial by jury, preliminary to a discussion of the question presented it is essential that reference be made to the pleadings of the parties in so far as the same have material bearing on the questions…