SEMINERIO v. BROWNSTONE


165 Misc.2d 646 (1995)

629 N.Y.S.2d 615

Seminerio Associates Inc., Trading as Sales Consultants of Essex County, Plaintiff, v. Brownstone Solutions, Inc., Defendant.

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

July 3, 1995


Attorney(s) appearing for the Case

Klein, Heisler & Klarreich, P. C., New York City (Irving Heisler of counsel), for plaintiff. LeBoeuf, Lamb, Greene & MacRae, L. L. P., New York City (Kenneth M. Moltner of counsel), for defendant.


RICHARD F. BRAUN, J.

This is an action for breach of contract in which plaintiff sues defendant to recover $9,600 in damages. Plaintiff moves to strike defendant's demand for a jury trial.

Defendant's notice of trial, dated February 3, 1995, did not demand a jury trial. No jury demand was served by plaintiff within 10 days after service of the notice of trial, as required by CCA 1303 (a).

As...

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