Expressway Realties v. Sidjack Realty Corp.

Motion by defendant to transfer the action from the equity side of the court to the law side, so that defendant may have a trial by jury, is denied.

Defendant contends that this is an action for damages for nuisance, and under the provision of section 425 of the Civil Practice Act it is entitled to a trial by jury as of right.

The gravamen of the complaint is that the defendant (owner of the premises immediately adjacent to and contiguous with premises owmed by plaintiff) has reconstructed, filled in and caused to be graded all of its property in such a manner that the natural contour of the…