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  5. 46 N.Y.2d 787 (1978)
 

KAUFMAN v. BRENNER

46 N.Y.2d 787 (1978)

Morris Kaufman, Respondent, v. Henry Brenner et al., Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Stuart A. Jackson, Michael J. Ricigliano and Guy R. Fairstein for appellants.

Joseph F. Carlino and Julian Jawitz for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judge FUCHSBERG dissents in part and votes to modify in an opinion in which Judge COOKE concurs.

Order affirmed, with costs, on the memorandum at the Appellate Division (63 A.D.2d 692). Question certified answered in the affirmative.

FUCHSBERG, J. (dissenting).

I would modify the order of the Appellate Division so as to reinstate defendant's demand for a jury trial.

The right to trial by jury is too well, too long and too deservedly enshrined in our system of government to need exposition here....

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