Bookbinder v. Chase National Bank of City of New York

This is a motion for an order to frame issues of negligence for trial by jury in accordance with section 429 of the Civil Practice Act. An application for similar though wider relief, addressed to the court’s discretion, has already been denied on the authority of Cantor v. Sachs (154 Misc. 429).

The plaintiff now asks leave to frame issues, limited to a classification of negligence as a matter of right. Though it may occasion surprise that counsel did not in the prior application call sections 60 and 61 of the General Corporation Law to my attention, the present motion cannot fairly be called…