Gluck v. Wiroslaw

OPINION OF THE COURT

Herbert Kramer, J.

Does service of an answer and jury demand in a Housing Court nonjury Trial Part survive a claim of lateness and waiver of jury trial?

A holdover proceeding was instituted by service of the notice of petition and petition on August 8, 1981. The notice of petition did not contain an optional demand for an answer three days before the date set forth for the hearing. (RPAPL 743.) The initial hearing was adjourned by consent. No mention was made as to whether the date for answer was similarly extended.

On the adjourned date, the case appeared in Part 35, the…