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GLUCK v. WIROSLAW

113 Misc.2d 499 (1982)

Joel Gluck, Petitioner, v. Menashe Wiroslaw, Defendant.

Civil Court of the City of New York, Kings County.

March 19, 1982

Attorney(s) appearing for the Case

Burton Gelfand for petitioner. Steven M. Bernstein and Shirley Hochhausen for respondent.

HERBERT KRAMER, J.

Does service of an answer and jury demand in a Housing Court nonjury Trial Part survive a claim of lateness and waiver of jury trial?

A holdover proceeding was instituted by service of the notice of petition and petition on August 8, 1981. The notice of petition did not contain an optional demand for an answer three days before the date set forth for the hearing. (RPAPL 743.) The initial hearing was adjourned by consent. No...

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