ANTHONY DRUGS OF BETHPAGE, INC. v. LOCAL 1199 DRUG & HOSP. UNION, AFL-CIO


34 A.D.2d 788 (1970)

Anthony Drugs of Bethpage, Inc., Appellant, v. Local 1199 Drug and Hospital Union, AFL-CIO, Respondent

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

May 11, 1970


Order dated December 8, 1969 affirmed.

No opinion. Order dated January 6, 1970 reversed, on the law, and respondent's motion to vacate the demand for a jury trial denied. Appellant is awarded $10 costs and disbursements to cover both appeals. Although the CPLR does not make express provision for trial by jury of matters preliminary to arbitration, it was not the intent of the framers to thereby eliminate trial by jury where constitutionally required or desirable ...

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