Jefferson Pulp & Paper, Inc. v. Arrington

On •September 10,1973, the plaintiff filed a notice of trial in which it asked that the issues be tried without a jury. Thereafter, the defendant filed a demand that a jury decide the issues. The cause is presently ready for trial.

The defendant now moves to waive the jury heretofore demanded by her and seeks to have the court try the issues. *795Plaintiff objects to such waiver at this time and cites CPLR 4102 (subd. [c]) that such a waiver “does not withdraw a demand for trial by jury without the consent of the other parties ” and absent its consent, such a waiver cannot be effectuated.

The court…