Fuller Coal Corp. v. Dayton Corp.

Full title: FULLER COAL OIL CORP., Appellant, v. DAYTON HOLDING CORP., Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 7, 1957

9 Misc. 2d 341 (N.Y. App. Term 1957)

170 N.Y.S.2d 121

Opinion

November 7, 1957

Appeal from the Municipal Court of the City of New York, Borough of The Bronx, DARWIN W. TELESFORD, J.

Howard Penser for appellant.

No appearance for respondent.

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.