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MISHLER v. MISHLER

41 Misc.2d 471 (1963)

Lola Mishler, Plaintiff, v. Jacob Mishler et al., Defendants. Jacob Mishler, Plaintiff, v. Lola Mishler et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

November 19, 1963

Attorney(s) appearing for the Case

Alfred Wohl and Richard W. Wildman for Jacob Mishler, defendant. S. S. Goldsmith for plaintiff and for A. Edward Selly, defendant. William M. Thomas for Astoria Federal Savings & Loan Association, defendant. Edward A. Coleman for Long Island City Savings Bank, defendant. Cadwalader, Wickersham & Taft for New York Bank for Savings, defendant. Irving Goldman for Federated Department Stores, Inc., and another, defendants. Leonard H. Wacker for Lola Mishler, defendant. Marlow & Lincoln for B. Altman & Co., defendant.

MORRIS E. SPECTOR, J.

Defendant Jacob Mishler moves to vacate the jury demand contained in the note of issue served and filed by the plaintiff on October 16, 1963. Defendant contends that the plaintiff has waived a trial by jury by joining in the complaint, served in September, 1962, three causes of action seeking money relief and three causes of action seeking equitable relief.

The plaintiff waives his right to a trial by jury by either joining...

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