Louis Heilbron, Inc. v. Gross

— In an action to foreclose a mechanic’s lien, in which defendants have counterclaimed to recover damages for breach of contract, defendants appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), dated May 10, 1982, which denied their motion to dismiss the complaint and for a jury trial on their counterclaim. Order modified to the extent of granting the branch of defendants’ motion which sought to have their counterclaim tried by a jury. As so modified, order affirmed, without costs or disbursements. Either party is granted leave to demand a jury trial on the issues raised…