Polak v. Koninklijke Luchtvaart Maatschappij N. V. KLM Royal Dutch Airlines Holland

PALMIERI, District Judge.

This motion is addressed to the Court’s discretion. The plaintiff seeks relief under Rule 39(b) of the Federal Rules of Civil Procedure, 28 U.S. C. A., from the consequences of failure to make timely demand for a jury. See F. R.Civ.P. 38(b). Plaintiff urges that the waiver was an excusable oversight by prior counsel, for which he was not responsible. Mere inadvertence of counsel, however, is not sufficient grounds for the relief sought. See Steiger v. Mullaney, D. C.S.D.N.Y.1948, 8 F.R.D. 486; Bander v. Breslauer, D.C.S.D.N.Y.1947, 7 F.R.D. 480. The requirement of the…