Miller v. Iskovitz

HOOD, Associate Judge.

This action was brought by a landlord for possession of real estate and for money judgment for rent in arrears. On the return day the tenant failed to appear and judgment by default was ordered. On motion of the tenant the default was vacated and the tenant then filed an answer and counterclaim and demanded trial by jury. Landlord answered the counterclaim and moved to strike the jury demand on the ground that it was filed too late. This motion was received by tenant’s counsel on July 3-lst and notified him it would be heard on August 2d. Tenant’s counsel did not "appear…