Carroll & Neiman, Inc. v. Silverman

Plaintiff appeals from an order denying its section 72 1 petition which sought to vacate an order dismissing its action. Tire sole issue concerns the sufficiency of the petition.

Plaintiff brought an action seeking to recover a real estate brokerage commission. Defendant answered and filed a jury demand. From defendant’s statement of facts it appears that, pursuant to the practice then existing, this case was assigned to the jury calendar in courtroom 1304 and that, sometime before March,. 1973, all the odd-numbered jury cases, which included the instant case, were transferred from courtroom…