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VINCENT v. COOPERMAN

283 A.D. 812 (1954)

Robert Vincent, on Behalf of Himself and All Others Similarly Situated, Respondent, v. Alex Cooperman, Appellant

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

March 15, 1954.

Order dated October 19, 1953, reversed, with $10 costs and disbursements, and motion granted to the extent of striking the second ordering paragraph from the order dated September 9, 1953, without costs. Order dated September 9, 1953, modified accordingly, without costs.

By seeking equitable relief, the plaintiff waived or lost the right to a jury trial, and the court is without power to relieve him of the operative effect...

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