Ordered that the amended judgment is reversed, on the law, with costs, that branch of the plaintiff's application which was for a jury trial on the issue of damages on the counterclaim of the defendant Tofel, Karan & Partners, P.C., is granted, the order dated November 12, 2004 is modified accordingly, and the matter is remitted to the Supreme Court, Dutchess County, for a jury trial on the issue of damages on that counterclaim.
The Supreme Court erred in denying...
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