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LITTEER v. MOREK

9 A.D.2d 1016 (1959)

Arthur E. Litteer et al., Appellants, v. Andrew Morek et al., Respondents

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

December 23, 1959

Judgment reversed in the exercise of discretion and case remitted to the Trial Term for further proceedings in accordance with the memorandum.

Memorandum:

The construction of the complaint most favorable to the plaintiff would be that it stated a cause of action in ejectment and for an injunction. The trial court properly denied plaintiffs' request for a trial by jury. It is well settled that a plaintiff who seeks...

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