Ramos v. Pascher

Motion to strike this case from the jury calendar.

The plaintiffs’ first note of issue, which failed to demand a jury, is claimed to he the result of a mistake. This note of issue was served by mail on December 2, 1954, and was never filed. Within five days after service of the note of issue on defendants’ attorneys, plaintiffs’ attorney wrote a letter correcting this mistake, and served a note of issue requesting a jury trial. The corrected note of issue was filed almost immediately thereafter, to wit, on December 8,1954, as shown by our records. No prejudice has been shown.

Under these…