Miller v. Madison Square Garden Corp.

This is an application for an order permitting the plaintiff to discontinue this action upon the payment of all taxable costs and disbursements to date. The action was commenced in March, 1940, and thereafter issue was joined and the case noticed for trial. No demand for a jury trial had been made by the plaintiff. Thereupon plaintiff obtained an order transferring the case from the non-jury to the jury calendar, but this order was reversed by the Appellate Division, which held that the plaintiff had waived his right to a trial by jury. The plaintiff admittedly now seeks to discontinue the…