ROBINSON & CARPENTER INC. v. GANGL


31 A.D.2d 665 (1968)

Robinson & Carpenter Inc., Respondent, v. Leo J. Gangl et al., Appellants

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

December 13, 1968


STALEY, JR., J.

On January 31, 1962 plaintiff commenced an action against the defendants to foreclose two mechanics' liens. On August 6, 1963, following a waiver by the defendants of their right to a jury trial, and to an examination before trial, the trial of the action was commenced, which trial lasted for five days. The defendants contend that the rights so waived were based on the court's promise to hear the case promptly without a jury, and to render...

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