Forbriger v. Premium Coal Co.

This cause was noticed for trial for the September, 1942, term, when on August 3, 1942, plaintiff served upon defendant a note of issue and jury demand. However, these were not filed with the county clerk until August 25, 1942, when the cause was added to the calendar and received a calendar number. Thus, the .filing occurred twenty-two days after the service. Defendant now moves to strike the cause from the jury calendar upon the basis of plaintiff’s failure to comply with subdivision 5 of section 426 of the Civil Practice Act, and of subdivision 3 of rule II of the New York County Supreme…