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ROBERTSON v. UNITED PLASTERING, INC.

15 A.D.2d 672 (1962)

Havelock Robertson, Respondent, v. United Plastering, Inc., Defendant-Appellant, and Third-Party Plaintiff-Appellant. Jon Wal Construction Co., Third-Party Defendant-Respondent

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

January 22, 1962

Order modified and motion granted to the extent of permitting said defendant to file a jury demand nunc pro tunc and to place the action on the calendar with similar issues filed for the May 1960 Term Jury Calendar. As so modified, the order is affirmed, without costs.

The record indicates that plaintiff noticed the action for trial for the May 1960 Term. The note of issue which was served and filed at that time demanded a jury trial. However, plaintiff paid...

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