Gonzalez v. Concourse Plaza Syndicates, Inc.

Kupferman, J. P.

The dissent fairly states the facts and the sequence thereof on this question of whether the plaintiff is entitled to a jury trial, and, had the Trial Justice exercised his discretion to continue the action on the jury calendar, would set forth a reasonable basis for affirming the exercise of that discretion. (CPLR 4102, subd [e].) However, when confronted *43with a determination which grants the defendant’s motion to strike the action from the jury calendar and to place it on the nonjury calendar, the question becomes one of whether there was an abuse of discretion or whether…