WALSH v. SUNNY BAY REALTY CO., INC.


4 A.D.2d 699 (1957)

Craig Walsh et al., Appellants, v. Sunny Bay Realty Co., Inc., et al., Respondents Suffolk County Federal Savings and Loan Association, Plaintiff, v. Craig Walsh et al., Defendants

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

June 17, 1957


Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to respondents, if so advised, to demand a jury trial in the first action.

Appellants are to have the right to open and close in the consolidated action. Appellants have indicated their willingness, if the actions be consolidated, to waive the right to a jury trial of their action and to deposit into court all mortgage payments due up to the date of trial. Respondents...

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