Joseph v. Exxon Corp.
Cases that cite this one
5 later published cases cite this decision.
- Sumba v. Sampaio (Appellate Division of the Supreme Court of New York 2007)
- Skelly v. Sachem Central School District (Appellate Division of the Supreme Court of New York 2003)
- Behrmann v. Heinz Pet Products (Appellate Division of the Supreme Court of New York 1995)
- Tarantino v. City of New York (Appellate Division of the Supreme Court of New York 1989)
- Green v. Siben (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a negligence action to recover damages for personal injuries and property damages, plaintiffs appeal from an order of the Supreme Court, Kings County (Monteleone, J.), dated January 19, 1981, which denied their motion for leave to file a demand for a jury trial, nunc pro tunc. Order affirmed, with $50 costs and disbursements. Special Term properly exercised its discretion in denying plaintiffs’ motion in view of their failure, by an adequate factual showing, to demonstrate that the acts of their attorney in placing an “X” mark in the box on the note of issue before the words “Trial without jury”, and filing same without payment of a jury fee, were inadvertent. Furthermore, there was an inordinate delay, of over three months, before plaintiffs moved, on the eve of trial, for leave to file a jury demand nunc pro tunc (see Zelvin v Pagliocca, 32 AD2d 561; Fils v Diener, 59 AD2d 522). Mollen, P.J., Mangano, Gibbons and Margett, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.