Downing v. Downing

McGivern, J. (dissenting).

I must dissent. The view of the majority is in contravention of and without warrant from the statutes. These statutes, CPLR 4102 (subds. [a] and [c]) repetitively declare: “A party may not withdraw a demand for trial by jury without the consent of other parties * * * A waiver does not withdraw a demand for trial by jury without the consent of the other parties. ” These words, couched in the plainest, explicit and most unambiguous of terms, presumably mean what they say. There is simply no room for ‘ ‘ interpretation ’ ’ and for strained and specious reasoning so that…