Freidus v. Eisenberg

Respondent served and filed a note of issue which expressly stated that respondent did not wish a jury trial. Plaintiff did not serve and file a demand for a trial by jury within 15 days thereafter. Thus, the right to trial by jury was waived by both parties (see, CPLR 4102 [a]).

Plaintiff subsequently moved, inter alia, for leave to serve and file a late notice of demand for a trial by jury pursuant to CPLR 4102 (e). By order dated May 25,1982, Special Term granted her application, citing the foregoing statutory provision. Plaintiff served and filed the demand approximately three months later.