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WRIGHT v. CENTURION

113 Misc.2d 150 (1982)

Gertrude Wright, Respondent, v. Centurion Investigations, Inc., et al., Appellants, et al., Defendants.

Supreme Court, Appellate Term, Second Department.

January 7, 1982

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer (B. Jennifer Jaffee of counsel), for Centurion Investigations, Inc., appellant. Langan & Levy (Linda L. Larsen of counsel), for Coney Island Site Five Houses and another, appellants. F. V. Mina for Hampton Management, Inc., appellant. McLaughlin, McLaughlin & Niemark (Harold J. McLaughlin of counsel), for respondent.

PINO, P. J., and BUSCHMANN, J., concur; JONES, J., concurs in a separate memorandum.

MEMORANDUM.

Order insofar as appealed from reversed, without costs, and motion denied.

The plaintiff's consent was not necessary in order for the defendants to withdraw their demand for a jury trial (CPLR 4102, subds [a], [c]; 4 Weinstein-Korn-Miller, NY Civ Prac, pars 4102.05, 4102.15, 4102.18). We incidentally note that under the facts herein the plaintiff was not entitled to file a jury demand nunc pro tunc pursuant to CPLR 4102 (subd [e]) (see ...

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