Transoceanic Fisheries, Inc. v. Cohen

Plaintiff served a note of issue for the February 1942 term unaccompanied by a jury demand. It was not filed. Thereafter, in June a note of issue and jury demand were served for the October, 1942 term and these too were not filed. Finally a note of issue and jury demand were served by plaintiff for the September, 1942 term, which were filed. The cause was added to the jury calendar and given a calendar number. Defendant now moves to strike the cause from the jury calendar. Failure to serve a jury demand simultaneously with the first note of issue was an overt act evidencing an intention to…