SUE v. HOMER


15 A.D.2d 729 (1962)

John Sue et al., Doing Business as Sue Oil Company, Respondents, v. Donald W. Homer et al., Appellants

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

January 10, 1962


Order unanimously affirmed, with $25 costs and disbursements.

Memorandum:

The only objection raised by the defendants-appellants to the order of reference in this case is that it deprives the defendants of the right to jury trial. The defendants state in their brief that "in the absence of such right, our argument becomes valueless, since our quarrel is not as to Court or Referee, but Court with or Court without Jury." The right to jury trial was waived by...

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