The court below erred in denying to tenant her right to a trial by jury. The relevant language of section 745 of the Real Property Actions and Proceedings Law is unequivocal and, as such, a demand for the rights contained therein, if timely, is not addressed to the discretion of the court. As long as triable issues of fact are raised, of which the instant proceeding contains a plethora, a court's investigation...
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