Legal Opinion
Lavisch v. Schwartz
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 1932PublishedCited by 3 opinions
1Opinion of the CourtRhodes, J.
The principal question here involved is whether the plaintiff waived his right to a jury trial and consented to a trial by the court without a jury.
Two actions were brought against different defendants involving nuisance. In one action injunctive relief was demanded with incidental damages. By bringing the action in this form, plaintiff thereby submitted to have the issues tried by the court alone, or with the aid of the jury as the court in its discretion might determine according to the practice in equity cases. (Cogswell v. N. Y., N. H. & H. R. R. Co., 105 N. Y. 319; Miller v. Edison El.…
2Cases cited6 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- City of Syracuse v. . HoganNew York Court of Appeals · 1923
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
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3Cited by3 opinions
- S. Klein, Inc. v. New Deal Building Corp.New York Supreme Court · 1939
- Tanne v. TanneAppellate Division of the Supreme Court of the State of New York · 1968
- Phoenix Mutual Line Insurance v. ConwayAppellate Division of the Supreme Court of the State of New York · 1962