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GONZALEZ v. CONCOURSE PLAZA

41 N.Y.2d 414 (1977)

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

Court of Appeals of the State of New York.

Decided February 24, 1977.

Attorney(s) appearing for the Case

Arthur L. Kagan and Norman J. Mordkofsky, Bronx, for appellant.

Remo J. Acito, P. C., and Elinore B. Klein, New York City, for defendant-respondent.

Raymond C. Green, Peter M. Pryor, Francis Hugh McDermott and Joseph M. Stein, New York City, for third-party defendant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judges FUCHSBERG and COOKE dissent and vote to reverse in separate dissenting opinions.

Per Curiam.

Plaintiff in a wrongful death action appeals from the Appellate Division's affirmance of an order granting motions by defendant and third-party defendant to strike the action from the Jury Calendar and denying plaintiff's motion to file a jury demand nunc pro tunc.

The issue is whether a plaintiff who has filed a note of issue requesting, expressly, a trial without jury is nevertheless entitled...

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