Seaboard Surety Co. v. Massachusetts Bonding & Insurance

(dictated on record). Following the opening of the trial defendants have moved to dismiss this action for a declaratory judgment as improperly brought, urging also that as a result of what was revealed at a conference held preliminary to the trial, and upon .the record of the subsequent *436proceeding's at the trial, they should he given the opportunity, pursuant to section 4103 of the Civil Practice Law and Rules, to demand a jury trial of the issues which actually relate to a claim of damages. The court has studied the complaint, a lengthy trial brief submitted by the plaintiff, a brief by one…