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FLEISCHER v. INST. FOR RESEARCH IN HYPNOSIS

52 A.D.2d 828 (1976)

Nathan Fleischer, Appellant, v. Institute for Research in Hypnosis, et al., Respondents

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

May 27, 1976

The order below vacated plaintiff's note of issue and demand for jury trial. Plaintiff appealed from only so much of the order as vacated the demand for jury trial as to the second cause of action. Under CPLR 4102 (subd [a]) "A demand [for jury trial] shall not be accepted for filing unless a note of issue is filed in the action." With the striking of the note of issue, the jury demand thus also fell. A new jury demand may only be served when there is a new note of issue...

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