Legal Opinion
Tishman Realty & Construction Co. v. Schmitt
Civil Court of the City of New York
Decided March 16, 1972PublishedCited by 4 opinions
1Opinion of the CourtMartin Evans, J.
Plaintiff moves for an order striking the jury demand of thé defendant, Agnes B. Schmitt, on the ground that defendant, in this type of action, has no right to trial by jury.
The complaint in long form alleges that one of the plaintiffs, acting as agent for the other plaintiffs, gave $19,000 to a law firm to hold in escrow for certain purposes; that the money was deposited in a bank; that one Schmitt, a member of the firm, wrongfully withdrew $14,103.18 from the escrow fund and converted it to his own use; of this $14,103.18 wrongfully withdrawn, $5,764.64 was used by him for the payment of…
2Cases cited22 opinions
- Ross v. BernhardSupreme Court of the United States · 1969
- Simler v. ConnerSupreme Court of the United States · 1963
- Roberts v. . ElyNew York Court of Appeals · 1889
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
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3Cited by4 opinions
- Camrex (Holdings) Ltd. v. Camrex Reliance Paint Co.District Court, E.D. New York · 1981
- Onanuga v. Pfizer, Inc.District Court, S.D. New York · 2005
- Eightway Corp. v. Dime Savings BankCivil Court of the City of New York · 1978
- Forrest v. FuchsNew York Supreme Court · 1984