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BREEZY POINT COOP., INC. v. YOUNG

234 A.D.2d 410 (1996)

651 N.Y.S.2d 896

Breezy Point Cooperative, Inc., et al., Appellants, v. Thomas H. Young, Respondent

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

December 16, 1996

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In view of the absence of prejudice to the plaintiffs and the defendant's demonstration that his waiver of the right to a jury trial was inadvertent and unintentional, the Supreme Court did not improvidently exercise its discretion in granting the defendant's motion (see, CPLR 4102 [e]; Ossory Trading v Geldermann, Inc., 200 A.D.2d 423

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