Tanger v. Ferrer

*529Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 1, 2012, which granted defendants’ motion for leave to serve a demand for a jury trial nunc pro tunc, and denied plaintiffs motion to strike the jury demand and for sanctions, unanimously affirmed, without costs.

Defendants established that their failure to timely serve a jury demand was unintentional, and plaintiff failed to demonstrate any prejudice arising from the delay (see CPLR 4102 [a], [e]; Ossory Trading v Geldermann, Inc., 200 AD2d 423 [1st Dept 1994]). Defendants’ lead counsel affirmed that he simply failed…