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ROMULUS v. KATZ

117 Misc.2d 252 (1983)

Evans Romulus, Plaintiff, v. Barry Katz, Doing Business as Expert Auto Brokers, Defendant and Third-Party Plaintiff. G. C. Volkswagen Corp., Third-Party Defendant.

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

January 5, 1983

Attorney(s) appearing for the Case

Greenberg & Hofstein (David Greenberg of counsel), for defendant and third-party plaintiff. Anthony S. Caronna and Austin Titus for plaintiff. Cye E. Ross for third-party defendant.

SAMUEL GREENSTEIN, J.

Defendant moves herein to strike the plaintiff's jury demand. The facts are as follows:

Plaintiff initially filed a notice of trial without demanding a jury in January, 1980. The case was stricken from the calendar; plaintiff filed a second notice of trial to restore it, again without demanding a jury, in February, 1981. The case was again stricken from the calendar; plaintiff's subsequent motion to restore was granted in...

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