R. J. MARSHALL, INC., v. TURNER CONSTR. CO.


207 Misc. 490 (1954)

R. J. Marshall, Inc., Plaintiff, v. Turner Construction Company, Defendant.

Supreme Court, Special Term, Dutchess County.

December 30, 1954.


Attorney(s) appearing for the Case

Francis X. Conway for defendant.

John B. Gilleran for plaintiff.


EAGER, J.

This is a motion by defendant to strike this action from the jury calendar and to place it upon the nonjury calendar for trial. The defendant claims that the plaintiff has waived its right to a jury trial.

The original complaint in this action, which was served on October 11, 1954, contained five causes of action. The first four were in the category of causes of action at law, including causes...

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