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BRYANT v. BROADCAST MUSIC, INC.

2010-08790.

88 A.D.3d 631 (2011)

930 N.Y.S.2d 245

2011 NY Slip Op 6991

ANNE BRYANT, Respondent, v. BROADCAST MUSIC, INC., Also Known as BMI, et al., Defendants. (Action No. 1.) ANNE BRYANT, Respondent, v. SUNBOW PRODUCTIONS, INC., Appellant. (Action No. 2.)

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

Decided October 4, 2011.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Sunbow Productions, Inc., to strike the plaintiff's demand for a jury trial in action No. 2 on the breach of contract cause of action is granted.

The plaintiff commenced these actions alleging causes of action sounding in equity. However, during a nonjury trial of both actions, the plaintiff moved to conform the pleadings to the proof...

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