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MATTER COUNTY DUTCHESS v. DUTCHESS COUNTY AVIATION (12/23/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


December 23, 1968

IN THE MATTER OF COUNTY OF DUTCHESS, RESPONDENT,
v.
DUTCHESS COUNTY AVIATION, INC., APPELLANT

Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

Motion by appellant (1) for a direction that the trial shall be limited to the triable issues specified in this court's decision (31 A.D.2d 545) dated November 18, 1968 and (2) to permit either party to move at Special Term at any time after January 15, 1969 for the fixing of a trial date. Cross motion by respondent (1) to strike appellant's demand for a jury trial, (2) to declare that CPLR 2218 has no application to the trial and (3) to direct that the trial be conducted pursuant to article 4 of the CPLR. Motion and cross motion denied in all respects.

19681223

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