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Compact Electra Corp. v. ConnellCompact Electra Corp. v. Connell

Appellate Division of the Supreme Court of the State of New York
Oct 7, 1974
Versions:46 A.D.2d 649
359 N.Y.S.2d 686
1974 N.Y. App. Div. LEXIS 4026

Appeal from an order of the Appellate Term of the Supreme Court, Second *650and Eleventh Judicial Districts (by permission of that court), dated January 30, 1974, which affirmed an order of the Civil Court of the City of New York, County of Kings, entered August 17, 1973, granting plaintiff’s motion to strike defendant’s demand for a jury trial. Order of the Appellate Term affirmed, without costs. A jury trial was properly denied in this case upon the ground that the defendant pleaded equitable defenses and counterclaims arising out of the same transaction pleaded in the complaint. Pleading such equitable matter is sufficient under CPLR 4101 and 4102 (subd. [c]) to waive a jury trial. Under the circumstances, we do not reach the question of whether the alleged waiver of the jury trial in the contract was valid. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Christ, JJ., concur.

Case Details

Case Name: Compact Electra Corp. v. Connell
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Oct 7, 1974
Citations: 46 A.D.2d 649; 359 N.Y.S.2d 686; 1974 N.Y. App. Div. LEXIS 4026
Court Abbreviation: N.Y. App. Div.
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