Vincent v. Cooperman

In an action for an injunction and money damages, on the day when the case came on for trial at Special Term, it appeared that the ground for equitable relief no longer existed and that it was desired to continue the action for damages only. On September 9, 1953, an order was made transferring the cause to the Trial Term calendar and granting respondent leave to serve and file a demand for a jury. On October 19, 1953, an order was made denying defendant’s motion to vacate that part of the order of September 9, 1953, which gave leave to serve and file a demand for a jury. Defendant appeals…