TISHMAN REALTY v. SCHMITT


69 Misc.2d 584 (1972)

Tishman Realty and Construction Co., Inc., et al., Plaintiffs, v. Agnes B. Schmitt, Individually and as Administratrix of The Estate of Alfred J. Schmitt, Deceased, Defendant.

Civil Court of the City of New York, Special Term, New York County.

March 16, 1972


Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek, Freund & Emil for Tishman Realty and Construction Co., Inc., plaintiff. Walter J. Holzka for defendant.


MARTIN EVANS, J.

Plaintiff moves for an order striking the jury demand of the defendant, Agnes B. Schmitt, on the ground that defendant, in this type of action, has no right to trial by jury.

The complaint in long form alleges that one of the plaintiffs, acting as agent for the other plaintiffs, gave $19,000 to a law firm to hold in escrow for certain purposes; that the money was deposited in a bank...

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