Legal Opinion
Sumba v. Sampaio
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2007PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Nicolai, J.), entered April 6, 2007, which denied their motion pursuant to CPLR 4102 (e) for leave to file a jury demand nunc pro tunc.
Ordered that the order is affirmed, with costs.
The defendants failed to make an adequate factual showing that their failure to timely file a jury demand was the result of inadvertence or other excusable default (see Behrmann v Heinz Pet Prods., 215 AD2d 619 [1995]; Tarantino v City of New York, 148 AD2d 601 [1989]; Joseph v Exxon…
2Cases cited5 opinions
- Lane v. MarshallAppellate Division of the Supreme Court of the State of New York · 1982
- Calspan Corp. v. Fingermatrix, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Joseph v. Exxon Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Tarantino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
- Behrmann v. Heinz Pet ProductsAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by3 opinions
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- Fischer v. RWSP Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Caruso, Caruso & Branda v. HirschAppellate Division of the Supreme Court of the State of New York · 2009