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BERNARDO v. STEELCO

115 Misc.2d 1020 (1982)

Joseph A. Bernardo, as Trustee in Bankruptcy for Isaacson Steel Erectors, Inc., Plaintiff, v. Steelco, Division of Metropolitan Steel Industries, Inc., et al., Defendants. (Action No. 1.) Joseph A. Bernardo, as Trustee in Bankruptcy for Isaacson Steel Erectors, Inc., Plaintiff, v. Steelco, Division of Metropolitan Steel Industries, Inc., Defendant. (Action No. 2.) Joseph A. Bernardo, as Trustee in Bankruptcy for Isaacson Steel Erectors, Inc., Plaintiff, v. P. J. Carlin Construction Company et al., Defendants. (Action No. 3.) Joseph A. Bernardo, as Trustee in Bankruptcy for Isaacson Steel Erectors, Inc., Plaintiff, v. D. Fortunato, Inc., et al., Defendants. (Action No. 4.)

Supreme Court, Nassau County, Kings County, Queens County.

September 10, 1982

Attorney(s) appearing for the Case

Harris Birnbaum for plaintiff. Hynes, Diamond & Reidy, P. C., for Steelco, Division of Metropolitan Steel Industries, Inc., and another, defendants. M. Carl Levine, Margulies & Foreman for P. J. Carlin Construction Company and others, defendants.

ARTHUR D. SPATT, J.

Motion by defendant Steelco, Division of Metropolitan Steel Industries, Inc. (Steelco) and the Travelers Indemnity Company (Travelers) for an order striking the demand for a jury trial with respect to Action No. 1, is determined as set forth below.

BACKGROUND AND CONTENTIONS

The note of issue served on or about April 28, 1982, demands a jury trial of all issues in the...

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