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Dain & Dill, Inc. v. Betterton

43 A.D.2d 589 Court N.Y. App. Div. Decision date 1973-11-26 English

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p. 589
Dain & Dill, Inc., Respondent, v. Daniel L. Betterton, Appellant. (Action No. 1). (And Four Other Actions.)

Appeal by Daniel L. Better-ton from an order of thé Supreme Court, Putnam County, dated May 31, 1973, which, upon said court’s own motion, vacated appellant’s demands for a jury trial and directed that the five actions consolidated for joint trial be tried by the court without a jury. Order reversed, with one bill of $20 costs and disbursements jointly against respondents appearing separately and filing separate briefs; the demands for a jury trial are restored; and actions remanded to the trial court for joint trial. On a prior appeal in these cases {Dam & Dill v. Betterton, 39 A D 2d 939 ) we considered and rejected the contentions now urged in support of the view that certain of the actions here involved cannot satisfactorily be tried before a jury. These cases are long, overdue for trial and the trial should therefore proceed forthwith. Hopkins, Acting P. J., Munder, Martuscello, Shapiro and Brennan, JJ., concur.