Legal Opinion
Fedoryszyn v. Weiss
New York Supreme Court
Decided April 30, 1970PublishedCited by 4 opinions
1Opinion of the CourtJoseph Liff, J.
In this action presently on the Special Term Part III calendar of this court, plaintiff moves for an order striking defendant’s jury demand. Plaintiff premises his argument on CPLR 4101 and section 61 of the General Corporation Law, asserting that these provisions do not permit a jury trial of the issues raised by the pleadings.
We have reached the conclusion that in an action such as that here a party would be entitled to a jury trial for the reason that *890the plaintiff “ demands and sets forth facts which would permit a judgment for a sum of money ” (CPLR 4101, subd. 1). That conclusion is…
2Cases cited9 opinions
- Ross v. BernhardSupreme Court of the United States · 1969
- Fleitmann Ex Rel. Stockholders of the Consolidated Street Lighting Co. v. Welsbach Street Lighting Co.Supreme Court of the United States · 1916
- Isaac v. MarcusNew York Court of Appeals · 1932
- Callanan v. Keeseville, Ausable Chasm & Lake Champlain RailroadNew York Court of Appeals · 1910
- Grant v. Greene Consolidated Copper Co.Appellate Division of the Supreme Court of the State of New York · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Donald E. Lewis, Cross-Appellee v. S.L. & E., Inc., Alan E. Lewis, Leon E. Lewis and Richard E. Lewis, Cross-AppellantsCourt of Appeals for the Second Circuit · 1987
- Scott v. WoodsNew Mexico Court of Appeals · 1986
- Hyatt Bros., Inc. Ex Rel. Hyatt v. HyattWyoming Supreme Court · 1989
- Levitin v. RosenthalDistrict Court, E.D. New York · 1995