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CHEM. BANK v. 1364 DEAN ST. CORP.

53 A.D.2d 882 (1976)

Chemical Bank, Respondent, v. 1364 Dean Street Corp. et al., Appellants, et al., Defendants

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

July 12, 1976

Order reversed, with $50 costs and disbursements, and motion granted; the counterclaims are severed from the main action, which is to be tried expeditiously.

In the event plaintiff is successful in the foreclosure action, the entry of judgment is to be stayed pending the outcome of the jury trial as to the counterclaims. The appellants moved at Special Term for a jury trial on their counterclaims. The motion was untimely...

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