GONZALEZ v. CONCOURSE PLAZA


51 A.D.2d 42 (1976)

Carmen Gonzalez, as Administratrix of The Estate of Roberto Gonzalez, Deceased, Appellant, v. Concourse Plaza Syndicates, Inc., Respondent and Third-Party Plaintiff; Flatiron Window Cleaning Company, Third-Party Defendant-Respondent

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

January 29, 1976


Attorney(s) appearing for the Case

Arthur L. Kagan of counsel (Norman J. Mordkofsky, attorney), for appellant.

Remo J. Acito, P. C., of counsel (Elinore B. Klein with him on the brief), for respondent.

Raymond C. Green of counsel (Francis Hugh McDermott with him on the brief; Herbert Lasky, attorney), for third-party defendant-respondent.

SILVERMAN, LANE and NUNEZ, JJ., concur with KUPFERMAN, J. P.; LUPIANO, J., dissents in an opinion.


KUPFERMAN, J. P.

The dissent fairly states the facts and the sequence thereof on this question of whether the plaintiff is entitled to a jury trial, and, had the Trial Justice exercised his discretion to continue the action on the jury calendar, would set forth a reasonable basis for affirming the exercise of that discretion. (CPLR 4102, subd [e].) However, when confronted with a determination which grants the...

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