Buddle v. Buddle

Appeal from an order of the Supreme Court (Coccoma, J.), entered September 29, 2008 in Otsego County, which, among other things, granted defendant’s motion to strike the nonjury trial note of issue.

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 AD2d 603, 606-607…