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

9 Misc. 2d 341 Court Supreme Court, Appellate Term, First Department, Decision date 1957-11-07 English

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p. 341
Fuller Coal & Oil Corp., Appellant, v. Dayton Holding Corp., Respondent.
Supreme Court, Appellate Term, First Department,
November 7, 1957.
p. 342
Howard Penser for appellant.
No appearance for respondent.

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.