April 14, 1953.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Breitel, JJ.
Order unanimously modified so as to direct assessment of damages by a court and jury (see Livingston v. Blumenthal, 248 App. Div. 138) and, as so modified, affirmed. Settle order on notice.
Full title:FREDERICK E.M. BALLON, Respondent, v. BILLI GALISON, Defendant, and LOUIS…
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Apr 14, 1953
It is well established law that a party's right to a jury trial is not lost, when a motion for summary…