Quick v. Bauer — 275 A.D.2d 953

Majority

p. 953

Florence Quick, Respondent, v. Bruce Bauer, Appellant, and George Quick, Respondent.

The complaint, as drawn, sets forth a cause of action to recover possession of plaintiff’s undivided share in real property (Civ. Prac. Act, § 993), and the appellant is entitled to a jury trial as a matter of right. Johnston, Acting P. J., Adel, Wenzel and MacCrate, JJ., concur; Sneed, J., dissents and votes to affirm upon the ground that the gravamen of the complaint looks to a declaration of the rights of the parties under section 473 of the Civil Practice Act.