ESCORP INC. v. MYERS


43 A.D.3d 347 (2007)

841 N.Y.S.2d 268

ESCORP INC., Respondent, v. GENE MYERS, Appellant.

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

Decided August 23, 2007.


Given that the record is clear that the pro se respondent tenant demanded a jury trial in his answer and paid the requisite fee, and that he repeatedly asserted his right to a jury trial to the Civil Court Judge, who nevertheless tried the matter without a jury, we deem the error, although not addressed at Appellate Term, sufficiently fundamental to warrant reversal. We express no opinion as to the merits, except to observe that the incomplete record does not appear to necessarily...

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