Storandt v. Wakelee
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John W. Storandt, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 16th day of December, 1918, striking this cause from the trial calendar of the Monroe Equity Term on the ground that defendant is entitled to a jury trial.
1Opinion of the Court
Hubbs, J.:
Both parties noticed this cause for trial at a Special Term as an equity action. Not having been disposed of at that term plaintiff noticed it for a subsequent Special Term. On the call of the calendar, defendant’s counsel moved to strike the case from the calendar and send it to the Trial Term on the ground that defendant was entitled, as a matter of right, to a jury trial. That motion was granted and from the order entered thereon the plaintiff has appealed to this court.
The complaint states a cause of action to determine a claim to real property of which the plaintiff is in…
2Cases cited2 opinions
- Bennett v. Vonder BoschAppellate Division of the Supreme Court of the State of New York · 1898
- Remsen v. New York, Brooklyn & Manhattan Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- McDonald v. SkinnerNew York Supreme Court · 1925
- Rubin v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1925