SCHRANK v. RENSSELAER ASSOCS.


65 Misc.2d 428 (1970)

Joseph Schrank et al., Plaintiffs, v. Rensselaer Associates, Inc., et al., Defendants.

Supreme Court, Special Term, Rensselaer County.

December 9, 1970


Attorney(s) appearing for the Case

Harvey M. Lifset for plaintiffs. Smith, Pattison, Sampson & Jones (Lambert L. Ginsberg of counsel), for M. Gold & Son, Inc., and another, defendants.


JOHN T. CASEY, J.

The plaintiffs move to delete the demand for a jury trial from their note of issue, filed and served on or about August 24, 1970, contending that the demand was a mere inadvertence. The defendants object to granting such relief contending that the plaintiffs having elected trial by jury in their note of issue are bound by the election and their proposed waiver of such right cannot withdraw...

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