Chemical Bank v. 1364 Dean Street Corp.

In a mortgage foreclosure action, defendants 1364 Dean Street Corp. and Bernice P. Thomas appeal from an order of the Supreme Court, Kings County, dated April 28, 1976, which denied their demand for a jury trial on their counterclaims. Order reversed, with $50 costs and disbursements, and motion granted; the counterclaims are severed from the main action, which is to be tried expeditiously. In the event plaintiff is successful in the foreclosure action, the entry of judgment is to *883be stayed pending the outcome of the jury trial as to the counterclaims. The appellants moved at Special Term for…