From Casetext: Smarter Legal Research

Nieves v. Stephens

Supreme Court, Appellate Term, First Department
Feb 11, 1976
85 Misc. 2d 900 (N.Y. App. Term 1976)

Opinion

February 11, 1976

Appeal from the Civil Court of the City of New York, Bronx County, BENJAMIN F. NOLAN, J.

Donald Grajales, Alfred Levine and James S. Braude for appellant.


The court below erred in denying to tenant her right to a trial by jury. The relevant language of section 745 Real Prop. Acts. of the Real Property Actions and Proceedings Law is unequivocal and, as such, a demand for the rights contained therein, if timely, is not addressed to the discretion of the court. As long as triable issues of fact are raised, of which the instant proceeding contains a plethora, a court's investigation into the merits of the case and/or its consideration of the fiscal difficulties presently faced by the City of New York is improper and unnecessary.

Moreover, "As a poor person, she may not be required to pay a jury fee (CPLR 1102, subd [d])" (Hotel Martha Washington Mgt. Co. v Swinick, 66 Misc.2d 833, 834). Order entered December 2, 1975, reversed without costs.

Concur: DUDLEY, J.P., HUGHES and RICCOBONO, JJ.


Summaries of

Nieves v. Stephens

Supreme Court, Appellate Term, First Department
Feb 11, 1976
85 Misc. 2d 900 (N.Y. App. Term 1976)
Case details for

Nieves v. Stephens

Case Details

Full title:JOSEPH P. NIEVES et al., Respondents, v. MARY STEPHENS, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Feb 11, 1976

Citations

85 Misc. 2d 900 (N.Y. App. Term 1976)
381 N.Y.S.2d 184