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Appellate Terms of the Supreme Court of New York, 1957

Fuller Coal & Oil Corp. v. Dayton Holding Corp.

Fuller Coal & Oil Corp. v. Dayton Holding Corp.
Appellate Terms of the Supreme Court of New York · Decided November 7, 1957
9 Misc. 2d 341; 170 N.Y.S.2d 121; 1957 N.Y. Misc. LEXIS 2226

Counsel

Howard Penser for appellant., No appearance for respondent.

Fuller Coal & Oil Corp. v. Dayton Holding Corp.

Opinion of the Court

Per Curiam.

Upon a demand seasonably made, a party is entitled to a jury trial on a retrial, notwithstanding that a jury was not originally demanded. (Asbestolith Mfg. Co. v. Howland, 143 App. Div. 418.)

The order should be reversed, with $10 costs, and motion denied.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.

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