Summary
In Sensale v. Kashowitz (246 App. Div. 539) the Appellate Division of the Second Department in October, 1935, reversed that part of an order which denied the plaintiff the right to place the cause transferred from the Municipal Court to the Supreme Court on the jury calendar "on the authority of Thompson v. Yellow Taxi Corporation (243 App. Div. 282) and the amendment to section 110-a of the Civil Practice Act by chapter 317 of the Laws of 1935, in effect September 1, 1935."
Summary of this case from Suttle v. Croyden DrugOpinion
October, 1935.
Appeal from county of Kings.
On the appeal by plaintiff from that portion of the order which denies plaintiff's motion to place the cause on the jury calendar for a day certain, the order in that respect is reversed on the law, the motion granted, and the clerk of the county of Kings is directed to place the cause on the Trial Term jury day calendar on payment to him of the fees provided by law, on the authority of Thompson v. Yellow Taxi Corporation ( 243 App. Div. 282) and the amendment to section 110-a of the Civil Practice Act by chapter 317 of the Laws of 1935, in effect September 1, 1935. Lazansky, P.J., Scudder, Tompkins, Davis and Johnston, JJ., concur.