Wright v. Centurion Investigations, Inc.

OPINION OF THE COURT

Samuel Greenstein, J.

The issue is whether certain existing defendants who have filed a demand for a jury, after plaintiff had requested a nonjury trial, have the right to withdraw that demand without the consent of the plaintiff, and/or the court, at any time.

Under the governing statute, CPLR 4102, a party may not withdraw a demand for trial by jury without the consent of the other parties. However, the courts have consistently and artfully construed the demand of a plaintiff for a nonjury trial as a waiver of any right to a jury trial, and therefore has consented in…