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WRIGHT v. CENTURION

109 Misc.2d 624 (1981)

Gertrude Wright, Plaintiff, v. Centurion Investigations, Inc., et al., Defendants.

Civil Court of the City of New York, Trial Term, Kings County.

June 22, 1981

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer (Frederic C. Weiss of counsel), for Centurion Investigations, Inc., defendant. Langan & Levy (Linda L. Larsen of counsel), for Coney Island Site Five Houses, Inc., and another, defendants. F. V. Mina and Ann Jacobson for Hampton Management, Inc., defendant. McLaughlin McLaughlin & Neimark (Richard Niemark of counsel), for plaintiff.

SAMUEL GREENSTEIN, J.

The issue is whether certain existing defendants who have filed a demand for a jury, after plaintiff had requested a nonjury trial, have the right to withdraw that demand without the consent of the plaintiff, and/or the court, at any time.

Under the governing statute, CPLR 4102, a party may not withdraw a demand for trial by jury without the consent of the other parties. However, the courts have consistently and artfully...

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