Legal Opinion
Berisford Capital Corp. v. Syncom Corp.
District Court, S.D. New York
Decided January 16, 1987No. 86 Civ. 2965 (MP)PublishedCited by 9 opinions
1Opinion of the Court
OPINION
MILTON POLLACK, Senior District Judge.
Defendant Foothill Capital Corporation has moved to strike the demand for a jury made by plaintiff Berisford Capital Corporation. Foothill urges that, pursuant to Rule 38(d) of the Federal Rules of Civil Procedure, Berisford waived its right to a jury on all issues raised in its original complaint when it failed to make its demand within 10 days of the last pleading directed to that complaint. Berisford urges that its amended complaint raised issues not addressed in the original complaint such as to entitle it to assert its right to a jury on those…
2Cases cited4 opinions
- Fed. Sec. L. Rep. P 93,959 Frank Lanza, Jr. v. Drexel & Co., Theodore J. Kircher and Christie F. VitoloCourt of Appeals for the Second Circuit · 1973
- Rosen v. DickCourt of Appeals for the Second Circuit · 1980
- American Home Products Corp. v. Johnson & JohnsonDistrict Court, S.D. New York · 1986
- Western Geophysical Co. of America, Inc. v. Bolt Associates, Inc.Court of Appeals for the Second Circuit · 1971
3Cited by9 opinions
- Richardson Greenshields Securities, Inc. v. Mui-Hin LauDistrict Court, S.D. New York · 1988
- Sunenblick v. HarrellDistrict Court, S.D. New York · 1993
- Prudential Securities Credit Corp. v. Pacific Pointe Escrow, Inc. (In Re AppOnline.com, Inc.)District Court, E.D. New York · 2004
- Virgin Air, Inc. v. Virgin Atlantic Airways, Ltd.District Court, S.D. New York · 1992
- Senior Housing Properties Trust v. HealthSouth Corp.Massachusetts Supreme Judicial Court · 2006
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