Legal Opinion

Jaffe v. Reliance Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1958Published

1Opinion of the Court

Appeal by plaintiff from an order of the Supreme Court, Ulster County Special Term, which directed that a jury demand be stricken from plaintiff’s note of issue and ordered the action be tried as a non jury case. Special Term held that plaintiff, as a matter of law, waived his right to a trial by jury by joining legal and equitable causes of action in his complaint. The complaint is of a split character. The first cause of action against the insurance company is for reformation of a fire insurance policy on the ground that the defendant Levine, as agent of the insurance company, inserted…

2Cases cited4 opinions

  1. Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
  2. Carroll v. . BullockNew York Court of Appeals · 1913
  3. Hessler v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1925
  4. Moe v. Reliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1919

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