Appellate Division of the Supreme Court of New York, 1932

Kings Highway Development Co. v. Home Affair Realty Co.

Kings Highway Development Co. v. Home Affair Realty Co.
Appellate Division of the Supreme Court of New York · Decided April 15, 1932
235 A.D. 796
Kings Highway Development Co. v. Home Affair Realty Co.

Opinion of the Court

Order denying motion to frame certain issues to be submitted for trial by a jury and to stay the trial of the foreclosure action reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs. The appellant was entitled as a matter of right to a jury trial of the issues of fact presented by the legal counterclaim interposed in the foreclosure action herein. (Fout v. Wolfe, 231 App. Div. 11; Di Menna v. Cooper & Evans Co., 220 N. Y. 391, 396.) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.