CITIZENS CENT. BANK v. FISHER


126 A.D.2d 968 (1987)

Citizens Central Bank, a Division of Central Trust Company, Respondent, v. Jean Fisher, Appellant

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

January 23, 1987


Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum:

On the eve of trial, plaintiff brought a motion to strike defendant's demand for a jury trial. Finding that all of defendant's defenses were equitable in nature, the court granted the motion. Insofar as the order denied the request for a jury trial on the first affirmative defense, the court erred.

Defendant and her son operate a...

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