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Appellate Division of the Supreme Court of New York, 1941

Voges Manufacturing Co. v. New York & Queens Electric Light & Power Co.

Voges Manufacturing Co. v. New York & Queens Electric Light & Power Co.
Appellate Division of the Supreme Court of New York · Decided March 7, 1941
261 A.D. 377; 25 N.Y.S.2d 570; 1941 N.Y. App. Div. LEXIS 7334

Counsel

Sidney C. Seltzer of counsel [Max Seltzer with him on the brief], for the appellant., John B. Purcell of counsel [Beardsley & Taylor, attorneys], for the respondent.'

Voges Manufacturing Co. v. New York & Queens Electric Light & Power Co.

Opinion of the Court

Per Curiam.

Plaintiff sues in equity. Defendant interposes a legal counterclaim and seeks a money judgment. In the circumstances plaintiff was entitled as a matter of right to a jury trial of the issues raised by the counterclaim and reply. (Civ. Prac. Act, § 424; Deeves v. Metropolitan, etc., Co., 6 Misc. 91; affd. on opinion below, 141 N. Y. 587; Di Menna v. Cooper & Evans Co., 220 id. 391; Herb v. Metropolitan Hospital, 80 App. Div. 145.) The motion for such relief should have been granted.

It follows that the order should be reversed, with twenty dollars costs and disbursements, and the motion granted.

Present- — -Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

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