Allen v. Berry

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department from an order of the Supreme Court, Cayuga County (Dennis M. Kehoe, A.J.), entered September 8, 2006. The order determined that defendant John R. Berry, also known as John Berry, is entitled to a trial by jury.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs.

Memorandum: Plaintiffs commenced this action seeking specific performance of an agreement pursuant to which John R. Berry (defendant) agreed to…