Appellate Division of the Supreme Court of the State of New York May 8, 1908 (Borowsky v. Gallin)

Gaynor, J.:

It was in the discretion of the court below whether it should direct that the issues of fact, or any of them, should be sent to a jury trial (Code Civ. Proc. § 971). It was influenced to some extent in denying the motion by the condition of the jury calendar (it is over two years in arrears) as the memorandum filed with its decision shows. This was not improper.