Legal Opinion
Second-79th St. Co. v. United States Steel Corp.
District Court, S.D. New York
Decided June 4, 1958PublishedCited by 8 opinions
1Opinion of the Court
EDELSTEIN, District Judge.
Plaintiff has moved, under Rule 39(b), F.R.Civ.P., 28 U.S.C.A., to be relieved of a waiver of jury trial by reason of a failure to make a timely demand as required by Rule 38, or in the alternative for an order under Rule 41(a) (2), permitting it to discontinue the action without prejudice.
The action was commenced in the Supreme Court of New York, New York County, and removed by defendant to this court on the ground of diversity of citizenship. The basis for the motion is the plaintiff’s inadvertent failure to demand a trial by jury within 10 days after the service…
2Cases cited3 opinions
- Mason v. British Overseas Airways Corp.District Court, S.D. New York · 1957
- Abrahams v. Federated Department Stores, Inc.District Court, E.D. New York · 1954
- Strom v. AndersonDistrict Court, W.D. New York · 1953
3Cited by8 opinions
- Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
- Cataldo v. E. I. Du Pont De Nemours & Co.District Court, S.D. New York · 1966
- S. Victor Paturzo v. Home Life Insurance Company, a Body CorporateCourt of Appeals for the Fourth Circuit · 1974
- Transocean Air Lines v. Pan American World Airways, Inc.District Court, S.D. New York · 1964
- Leve v. General Motors Corp.District Court, S.D. New York · 1965
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