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MISTONE v. HOLZMAN

281 A.D. 1040 (1953)

Anne E. Mistone et al., Respondents, v. Benjamin Holzman et al., Respondents. (Action No. 1.) Leonard R. Smith, Appellant, v. Benjamin Holzman et al., Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 18, 1953.

Orders affirmed, with one bill of $10 costs and disbursements.

Defendants-respondents having made due demand, they are entitled to a jury trial of the issues raised by their counterclaim (Civ. Prac. Act, §§ 424-426; Di Menna v. Cooper & Evans Co., 220 N.Y. 391; Voges Mfg. Co. v. New York & Queens Elec. Light & Power Co., 261 App. Div. 377), which should be held at Trial Term (Rules Civ...

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