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COMPACT ELECTRA CORP. v. CONNELL

46 A.D.2d 649 (1974)

Compact Electra Corp., Respondent, v. Grace Connell, Appellant

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

October 7, 1974

Order of the Appellate Term affirmed, without costs.

A jury trial was properly denied in this case upon the ground that the defendant pleaded equitable defenses and counterclaims arising out of the same transaction pleaded in the complaint. Pleading such equitable matter is sufficient under CPLR 4101 and 4102 (subd. [c]) to waive a jury trial. Under the circumstances, we do not reach the question of whether the alleged waiver...

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