Buonomo v. F. W. Woolworth Co.

This action, originally brought in the Supreme Court, New York County, was transferred to the Civil Court, New York County, pursuant to rule 660.21 (22 NYCRR 660.21) of the Rules of the Supreme Court, New York and Bronx Counties (see CPLR 325, subd [d]). In the Supreme Court, plaintiffs had demanded trial by jury and paid the jury demand fee. When the case was reached for trial in the Civil Court, plaintiffs sought to waive a jury and to proceed to trial nonjury. Defendants refused to participate in a nonjury trial when the trial court erroneously concluded that plaintiffs were entitled to…