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MULLIGAN v. MERRICK

172 A.D.2d 503 (1991)

Dolores Mulligan, Respondent, v. Juanita Merrick et al., Appellants

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

April 1, 1991

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the defendants' motion for leave to withdraw their demand for a trial by jury is granted.

The court erred in denying the defendants' motion for leave to withdraw their demand for a trial by jury (see, Gonzalez v Concourse Plaza Syndicates, 41 N.Y.2d 414; cf., L...

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