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M. SPIEGEL & SONS OIL CORP. v. TALLERING

46 Misc.2d 462 (1965)

M. Spiegel & Sons Oil Corp., Plaintiff, v. Leo A. Tallering et al., Defendants.

District Court of Nassau County, First District.

May 27, 1965

Attorney(s) appearing for the Case

Samuel S. Schwartz for plaintiff. Baumann & Humphrey (Arthur G. Silverman of counsel) for defendants.

BENJAMIN ZIPPER, J.

This is a motion by the plaintiff to vacate the defendant's jury demand.

The plaintiff contends that since the defendant interposed an equitable counterclaim, the defendant waived his right to a jury trial.

The defendant contends that section 1303 of the Uniform District Court Act does not limit the trial by jury to actions at law. Section 1303 reads as follows: "(a) Either party after

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