Joc Oil USA, Inc. v. Consolidated Edison Co. of New York, Inc.

OPINION OF THE COURT

Shanley N. Egeth, J.

TRIAL BACKGROUND AND PROCEDURE

This action by a seller of oil for damages arising out of claimed breach of contract by a buyer was scheduled for jury trial before this court. After numerous conferences it was agreed that although complex legal and factual questions were involved, the parties were capable of effecting their own stipulation as to many relevant facts, and as to the admissibility of a number of evidentiary submissions. Attempts to procure an agreement for a jury waiver were unsuccessful, but after negotiation and conferences with the court…