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DUVERCE v. WEINER

145 Misc.2d 284 (1989)

Eddy Duverce, Petitioner, v. Lillian Weiner, Respondent.

Civil Court of the City of New York, Kings County.

October 10, 1989

Attorney(s) appearing for the Case

Osvaldo Caban, Jr., for petitioner. Michelle Slochowsky for respondent.

MARGARET CAMMER, J.

The issue on this motion is whether a tenant who served a timely jury demand (without, because of financial inability, paying the fee therefor) waived her right to a jury trial by engaging in settlement discussions in a nonjury part. For the reasons stated below, this court holds she did not waive her rights.

This nonpayment proceeding was commenced on May 9, 1989. Respondent, through her attorney, served and filed a

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