Russell v. Russell

Judgment unanimously reversed, without costs, and matter remitted for trial by jury. Memorandum: Plaintiff, who had commenced an action for separation based on cruel and inhuman treatment, filed a note of issue demanding a jury trial after service of the answer, which contained a counterclaim for divorce also on the ground of cruel and inhuman treatment. Hot having specified in her demand the issues which she wished tried by jury, plaintiff was “deemed to have demanded trial by jury of all issues so triable ” (CPLR 4102, subd. [b]). Although the demand could have no effect with regard to the…