City Bank Farmers Trust Co. v. Hartshorne

Plaintiff in its complaint seeks a declaratory judgment of the rights of the parties under a mortgage and, as incidental relief, a money judgment for certain interest, taxes and insurance premiums. The answer, in addition to a general denial and various affirmative defenses, alleges a counterclaim for damages for breach of contract based on the non-abatement of a nuisance.

Plaintiff filed a note of issue for the equity calendar. Defendant filed her demand for a jury trial within the time prescribed in section 426 of the Civil Practice Act and promptly moved for an order directing that the…