Hyatte v. G.B.W. Glenwood Dental Administrators, Inc.

In an action, inter alia, to recover damages for dental malpractice, the defendant Paul Evereet Vosswinkel appeals from an order of the Supreme Court, Kings County (M. Garson, J.), entered January 16, 2004, which granted the plaintiffs motion pursuant to CPLR 4102 (e) for an extension of time to file a demand for a jury trial.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is denied.

A motion pursuant to CPLR 4102 (e) for an extension of time to file a demand for a jury trial must be based upon a factual showing that the earlier waiver…