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MARCUS v. MARCUS

17 A.D.3d 219 (2005)

793 N.Y.S.2d 375

LISA MARCUS, Respondent, v. BARRY MARCUS et al., Appellants.

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

April 19, 2005.

The estate waived its right to a jury trial by joining legal and equitable claims in both the Surrogate's Court and Supreme Court actions (see O'Rorke v Carpenter, 125 A.D.2d 223, 224 [1986]). The estate's motion to disqualify was properly denied as belated, where plaintiff's attorneys, in arranging for the sales to which the estate now objects, were acting pursuant to court orders, the estate had ample opportunity after the issuance...

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