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BUDDLE v. BUDDLE

62 A.D.3d 1192 (2009)

878 N.Y.S.2d 639

LINDA L. BUDDLE, Appellant, v. DUANE BUDDLE, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 21, 2009.

Malone Jr., J.

Plaintiff commenced this action for a divorce in 2006 and filed a nonjury trial note of issue on July 21, 2008. By motion dated July 25, 2008, defendant moved to strike the note of issue and demanded a jury trial. Citing defendant's absolute right for a trial by jury on the issue of grounds for granting a divorce (see Domestic Relations Law § 173; DiStephan v Di Stephan, 106 A.D.2d 603, 606-607...

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