Appellate Division of the Supreme Court of New York, 1954

In re the Estate of Cavallaro

In re the Estate of Cavallaro
Appellate Division of the Supreme Court of New York · Decided September 22, 1954
284 A.D. 865; 133 N.Y.S.2d 653; 1954 N.Y. App. Div. LEXIS 3828
In re the Estate of Cavallaro

Opinion of the Court

Order reversed on the law and facts, with $10 costs and disbursements, and application for a jury trial granted. Memorandum: We think on this record there is a genuine and bona fide issue of legal title and either party has the right to a jury trial on demand. (Matter of Comfort, 234 App. Div. 19.) We hold under the circumstances here shown *866the delay was not unreasonable. All concur. (Appeal from an order denying a demand for a jury trial in a discovery proceeding.) Present- — -Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.

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