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SMALLEY v. CITY OF POUGHKEEPSIE

133 A.D.2d 621 (1987)

George T. Smalley et al., Respondents, v. City of Poughkeepsie et al., Appellants

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

October 5, 1987

Ordered that the order is reversed, with costs, and the motion is granted.

The plaintiffs originally filed a note of issue indicating that they did not want to have a jury trial. Thereafter, they moved for leave to amend their note of issue so as to demand a jury trial. That motion was denied. They did not seek renewal or reargument nor did they appeal from that order. Instead, they withdrew their original note of issue...

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