The following excerpt is from Avenue Associates, Inc. v. Buxbaum, 371 N.Y.S.2d 736, 83 Misc.2d 134 (N.Y. City Ct. 1975):
'Since the right to jury trial is a constitutional one, however . . . that discretion is very narrowly limited and must, wherever possible, be exercised to preserve jury trial.' Beacon Theatres v. Westover, 359 U.S. 500, 510, 79 S.Ct. 948, 956, 3 L.Ed.2d 988.
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