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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46470 Justice Schlesinger IN 2000, plaintiff cooperative alleged that defendant unit owners’ combination of units involved major renovations endangering the building’s structure, thus constituting a breach of contract. Plaintiff’s April 16, 2002 note of issue demanded a jury trial. In March 2003, the court, ruling on summary dismissal motions in the parties’ acrimonious dispute, permitted plaintiff’s contractual breach claim to continue. On the eve of trial, plaintiff moved, under Civil Practice Law and Rules �4102(a), (e) to withdraw its jury demand and proceed to a bench trial. Defendants denied consent to plaintiff’s application. The court denied plaintiff’s application, finding that the non-consenting defendants would be prejudiced. Noting that CPLR �4102(a) provides that a party may not withdraw a jury demand absent consent of other parties, the court said that by seeking to withdraw its own jury demand, plaintiff sought to deprive defendants of a right to a fair trial.

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