Bercovici v. Chaplin

CAFFEY, District Judge.

There are two angles of approach. One will deal with the motion as an entirely; the other, with it by counts. Both aspects will be discussed.

I. If the motion be considered as an entirety, I think it must be denied. As I conceive, this is true because disposition of it otherwise would conflict with a previous ruling by Judge Rifkind. I am bound by that ruling. Commercial Union of America v. Anglo-South American Bank, 2 Cir., 10 F.2d 937, 938-940.

Judge Rifkind had before him the question of whether each of the three counts must be tried by or without a jury. In his…