Legal Opinion

Gonzalez v. Concourse Plaza Syndicates, Inc.

New York Court of Appeals

Decided February 24, 1977PublishedCited by 11 opinions

1Per curiam

Plaintiff in a wrongful death action appeals from the Appellate Division’s affirmance of an order granting motions by defendant and third-party defendant to strike the action from the Jury Calendar and denying plaintiff’s motion to file a jury demand nunc pro tunc.

The issue is whether a plaintiff who has filed a note of issue requesting, expressly, a trial without jury is nevertheless entitled to a jury trial solely because two defendants who are no longer involved in the action once filed a demand for a jury trial. The order of the Appellate Division should be affirmed. A party who has…

2Cases cited3 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Downing v. DowningAppellate Division of the Supreme Court of the State of New York · 1969
  3. Gonzalez v. Concourse Plaza Syndicates, Inc.Appellate Division of the Supreme Court of the State of New York · 1969

3Cited by11 opinions

  1. Chase v. ScaliciAppellate Division of the Supreme Court of the State of New York · 1983
  2. Brigando v. Grumman Aerospace Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Calabro v. CalabroAppellate Division of the Supreme Court of the State of New York · 1987
  4. Tarantino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
  5. Fidler v. SullivanAppellate Division of the Supreme Court of the State of New York · 1981

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