Norwegian Atlas Insurance v. Northern Underwriters Agency, Inc.

Proskauer, J.:

Defendant Steendal was plaintiff’s president and agent. He is sued here in equity for an accounting. He pleads a defense and counterclaim, which he asserts is a legal cause of action entitling *186Mm to jury trial as a right under section 424 of the Civil Practice Act. Under section 429 he asks an order directing that the issues arising out of his counterclaim be framed for a jury. He submits fourteen questions covering seven typewritten pages of a character practically impossible of disposition on a jury trial. The nature of these questions indicates the fallacy in defendant’s…