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O'RORKE v. CARPENTER

125 A.D.2d 223 (1986)

James F. O'Rorke, Jr., et al., Respondents, v. Edmund S. Carpenter, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1986

Plaintiffs commenced this action alleging libel and slander by defendant and in their complaint sought preliminary and permanent injunctive relief besides compensatory and punitive damages. Thereafter, in response to defendant's motion to strike the case from the Jury Calendar, the plaintiffs withdrew their prayer for injunctive relief.

In holding that the plaintiffs were entitled to a jury trial because of their withdrawal...

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