Swain v. Title Guarantee & Trust Co. , 257 A.D. 846 ( 1939 )

— Order granting leave to plaintiff to serve a demand for a jury trial under section 426, subdivision 5, of the Civil Practice Act, nunc pro tunc, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Under the circumstances disclosed, it was an improper exercise of discretion to grant the motion. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.