Holrod Assoc. v. Tomanovitz

OPINION OF THE COURT

Margaret Taylor, J.

This nonpayment proceeding was commenced by petitioner landlord in August of 1982. On August 23, 1982 respondent tenant served her answer and a jury demand upon petitioner. The case was placed on the nonpayment, nonjury calendar for August 31, 1982, since respondent had not paid the fee for the jury demand. From August 31 until September 16, 1982 the parties engaged in procedural negotiations. On September 10, 1982 it became apparent to both attorneys that such negotiations were fruitless and respondent’s attorney paid the jury fee. Petitioner moved to…