Summary
In Lindenwood Realty Co. v. Feldman (40 A.D.2d 855) the Appellate Division reversed on the dissenting opinion of Mr. Justice GULOTTA.
Summary of this case from Birchwood Assoc. v. SteigaufOpinion
November 20, 1972
In an action by a landlord to recover damages for alleged breach of a lease by the lessees, plaintiff appeals (by permission) from an order of the Appellate Term of the Supreme Court for the 9th and 10th Judicial Districts, dated January 6, 1971, which (1) reversed an order of the First District Court, Suffolk County, entered April 21, 1970, granting plaintiff's motion to vacate defendants' demand for a jury trial, and (2) denied the motion. Order of the Appellate Term reversed, with $10 costs and disbursements, and order of the District Court affirmed, on the dissenting opinion of Mr. Justice Gulotta in the Appellate Term ( Lindenwood Realty Co. v. Feldman, 72 Misc.2d 68). Hopkins, Acting P.J., Munder, Shapiro and Benjamin, JJ., concur; Gulotta, J., not voting.