Legal Opinion
Kaplan v. 2108-2116 Walton Avenue Realty Corp.
New York Supreme Court
Decided March 6, 1980PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
Plaintiff has commenced this action to foreclose a mortgage on real property predicated upon defendant’s default in making mortgage payments.
Defendant’s amended verified answer contains various admissions and denials, one affirmative defense and three counterclaims. Defendant filed a demand for a jury trial and the issue now before the court is whether defendant has a right to trial by jury of the affirmative defense and three counterclaims pleaded. The plaintiff opposes such a right and requests that the entire matter be tried by the court.
The…
2Cases cited5 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
- Carroll v. . DeimelNew York Court of Appeals · 1884
- Chemical Bank v. 1364 Dean Street Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Schrank v. Rensselaer Associates, Inc.New York Supreme Court · 1970
3Cited by1 opinion
- Johnson v. Fairfax Village Condominium IV Unit Owners Ass'nDistrict of Columbia Court of Appeals · 1994