JARRETT v. MADIFARI


54 A.D.2d 544 (1976)

Richard Jarrett et al., Respondents, v. Vincent Madifari, Appellant

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

September 28, 1976


Unanimously reversed, on the law and the facts, without costs and without disbursements, insofar as said order permits plaintiffs to file a jury demand, and plaintiffs' motion for leave to file a jury demand nunc pro tunc is denied.

Defendant-appellant has limited his appeal to this point. Plaintiffs filed a note of issue expressly indicating that the trial should be without a jury in October, 1973. The present motion for leave to file a jury demand nunc...

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