Majority
p. 846Melba Ferguson, Respondent, v. Gerald N. Ferguson, Appellant.
Order entered December 16, 1947, reversed on the law, without costs of this appeal to either party, and motion for a jury trial granted without costs, on the authority of Moot v. Moot ( 214 N. Y. 204 ) and Halgren v. Halgren ( 160 App. Div. 477 ). Appeal from order entered April 22, 1948, dismissed as academic. All concur. (One order denies defendant’s motion for a jury trial in an action for an absolute divorce; the second order denies a motion for a jury trial and for reargument of the previous application for a jury trial and for amendment of note of issue.) Present — Taylor, P. J., MeCurn, Love, Vaughan and Kimball, JJ.
Cases cited
- Moot v. Moot 214 N. Y. 204 p. 846
- Halgren v. Halgren 160 App. Div. 477 p. 846