Appellate Division of the Supreme Court of New York, 1951

Morabito v. Solomon

Morabito v. Solomon
Appellate Division of the Supreme Court of New York · Decided February 5, 1951
278 A.D. 657; 102 N.Y.S.2d 335; 1951 N.Y. App. Div. LEXIS 4250
Morabito v. Solomon

Opinion of the Court

Appeal from an order denying defendant’s motion for leave to file nunc pro tune a demand for a jury trial. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs. The facts show that there was no intention to waive a jury trial. It is not disputed that the demand for a jury was timely served and that only an office error prevented its being filed with the County Clerk. (Schwartz v. Sunlight Apts., 274 App. Div. 901.) Nolan, P. J., Carswell, Adel, Sneed and MaeCrate, JJ., concur.

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