In re the Estate of Scharf

Foley, S.

An action commenced in the City Court of the City of New York has been transferred for trial in this court and consolidated with a pending proceeding for the judicial settlement of the account of the former temporary administratrix of the absentee. The plaintiff in that action filed a demand for a trial by jury. The present temporary administrator now seeks an order striking out the plaintiff’s demand for a jury trial on the ground that the action is in equity and that plaintiff is not entitled to a jury trial as a matter of right. He also moves for a further bill of particulars.(1)…