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CAROLYN SCHNURER, INC. v. STEIN

[Docket Nos. L-8218-54, L-9807-54].

52 N.J. Super. 410 (1958)

145 A.2d 655

CAROLYN SCHNURER, INC., ET AL., PLAINTIFFS-APPELLANTS, v. MILTON STEIN, ET AL., DEFENDANTS-RESPONDENTS. LOUIS LEVINE, PLAINTIFF, v. MILTON STEIN, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 1958.

Attorney(s) appearing for the Case

Mr. Bernard Shurkin argued the cause for appellants.

Mr. Jerome S. Lieb argued the cause for respondents. (Messrs. Harkavy and Lieb, attorneys for respondents Max Bernstein and Best Realty Co.; Mr. George P. Moser, attorney for respondents Milton Stein and Isidore Stein).

Before Judges GOLDMANN, CONFORD and HANEMAN.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiffs appeal from an order denying their application for a jury trial on the retrial of their property damage action. The basis of the denial was a stipulation contained in the original pretrial order whereby all parties consented that the matters be tried before the court sitting without a jury.

Plaintiffs instituted their action on May 28, 1955. The pretrial conference on March 21, 1956 resulted...

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