McDonald v. Justian

—In two related actions to recover damages for personal injuries which were consolidated for trial, Christine McDonald and Gary McDonald appeal from an order of the Supreme Court, Suffolk County (Berler, J.), dated October 25, 2000, which denied their motion for leave to serve and file a jury demand nunc pro tunc.

Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is granted, and the appellants are granted leave to serve and file a jury demand within 20 days after service upon them of a copy of this decision and order with…