New York Court of Appeals
Jamaica Savings Bank, Appellant v. M. S. Investing Co., Inc., Defendants, and William E. Kennedy…
April 30, 1937274 N.Y. 215
Summary
The Court held that a foreclosure action is an equitable proceeding and therefore no party is entitled to a trial by jury, even when a deficiency judgment is sought, reversing the Appellate Division's order and denying the motion.