Eastern Savings Bank v. Stern

In an action to foreclose a mortgage, the defendant Israel Drillick appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Nelson, J.), dated June 6, 2003, as, upon reargument, adhered to its original determination in an order dated March 13, 2003, denying that branch of his prior motion which was to vacate the plaintiff s jury demand.

Ordered that the order is affirmed insofar as appealed from, with costs.

After the plaintiff commenced the instant mortgage foreclosure action, the defendant Israel Drillick asserted in his amended answer, inter alia,…