Claffy v. Madison Avenue Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Madison Avenue Company, from so much of an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of ISTew York on the 30th day of December, 1907, as denies the defendant’s motion to refer a part of the issues herein.
1Opinion of the Court
Ingraham, J.:
I do not think in an action at law the court has power to refer a part of the issues presented by the pleadings reserving issues to be tried by a" jury. The case of Hoffmam House v. Hoffman House Café (36 App. Div. 176) is not an authority to sustain that proposition. In that case it was held that the defendant was. entitled under the Code to a trial by jury of an issue raised by the reply to a counterclaim and that he did not lose his right to such a trial by a reference of so much of the action as involved the plaintiff’s claim. In the report of that case it does not clearly…
2Cases cited1 opinion
- Hoffman House v. Hoffman House, CaféAppellate Division of the Supreme Court of the State of New York · 1899