(DOWNLOAD) "Independent Church Realization Word God v. Board Assessors Nassau County" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Independent Church Realization Word God v. Board Assessors Nassau County
- Author : Supreme Court of New York
- Release Date : January 15, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
In an action for a judgment declaring certain real property owned by plaintiff to be tax exempt, it appeals from an order of the Supreme Court, Nassau County, dated January 24, 1979, which granted defendants motion for leave to serve a demand for a jury trial nunc pro tunc as of November 1, 1978. Order reversed and motion denied, with $50 costs and disbursements. The principal issue on this appeal is whether defendant is entitled to a jury trial in a declaratory judgment action the object of which is a determination that real property owned by the plaintiff is tax exempt. The right to a trial by jury is guaranteed by section 2 of article I of the New York State Constitution "in all cases in which it has heretofore been guaranteed by constitutional provision". The effect of this provision was to "freeze" the right to a jury trial to those types of cases in which it was recognized at common law or by statute as of the adoption of the Constitution of 1894 (see 7 Carmody-Wait 2d, NY Prac, § 49:2). However, the right to a trial by jury is not strictly limited to merely those instances in which it was actually used as of 1894 but it also extends to such new types of cases as are analogous to those which were traditionally tried by a jury (Wynehamer v People, 13 NY 378, 426; Colon v Lisk, 153 NY 188, 193). The declaratory judgment action was created in New York in 1921 with the adoption of the Civil Practice Act (Civ Prac Act, § 473; Siegel, Practice Commentaries, McKinneys Cons Laws of [72 A.D.2d 554 Page 555]