Judgment unanimously reversed, without costs, and matter remitted for trial by jury.
Memorandum:
Plaintiff, who had commenced an action for separation based on cruel and inhuman treatment, filed a note of issue demanding a jury trial after service of the answer, which contained a counterclaim for divorce also on the ground of cruel and inhuman treatment. Not having specified in her demand the issues which she wished tried by jury, plaintiff was "deemed to...
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