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BURNS v. BURNS

2016-11754, Index No. 37327/07.

148 A.D.3d 863 (2017)

2017 NY Slip Op 01841

48 N.Y.S.3d 610

LOUIS BURNS, Respondent, v. STEPHANIE BURNS, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 15, 2017.

Ordered that the order is affirmed, with costs.

"A jury trial is guaranteed in an action `for determination of a claim to real property under [RPAPL article 15]'" (Paciello v Graffeo, 8 A.D.3d 543, 543 [2004], quoting CPLR 4101 [2]). Although the plaintiff did not characterize or refer to his causes of action to recover possession of real property as claims pursuant to RPAPL article 15, he was nevertheless entitled to a jury...

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