Bakopoulos v. Bank of Athens Trust Co.

The question in the case at bar is whether the plaintiffs are entitled to a trial by jury or whether they may be deemed to have waived their right thereto. There is no dispute as to the facts. After the commencement of the 'action, attorneys for the plaintiffs served upon the attorneys for the defendants a note of issue for the March, 1939, term of the court together with a demand for a jury trial. Neither this note of issue nor the demand for a jury trial was filed with the clerk of the court. A month thereafter, attorneys for the plaintiffs served upon the attorneys for the defendants…