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DENIG v. SEELIG

17 A.D.2d 948 (1962)

Judy C. Denig, an Infant, by Her Guardian ad Litem, Elsie Denig, et al., Respondents, v. Irene Seelig et al., Appellants

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

November 5, 1962

Order, insofar as appealed from, reversed on the facts and in the exercise of discretion, without costs, and said motion granted.

It appears that on February 20, 1962, defendants Reed and Hart received plaintiffs' notice of trial for the March 1962 Term. It did not contain a demand for a jury trial. Defendants' last day to file a jury demand for the March Term was February 27, 1962. On February 26, 1962 the attorney for Reed and Hart, from a

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