Legal Opinion

Roosa v. Roosa

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1998PublishedCited by 6 opinions

1Opinion of the Court

—Spain, J.

Appeal from an order of the Supreme Court (Bradley, J.), entered September 17, 1997 in Ulster County, which denied defendant’s motion for, inter alia, leave to file a late demand for a jury trial.

Plaintiff commenced this matrimonial action in March 1996. At a conference in early July 1997, Supreme Court set a trial date for September 3, 1997. Shortly thereafter, pursuant to the schedule set by the court, plaintiff filed and served a note of issue requesting a nonjury trial. Defendant failed to serve plaintiff with a demand for a jury trial within 15 days of service of the note of…

2Cases cited2 opinions

  1. Calabro v. CalabroAppellate Division of the Supreme Court of the State of New York · 1987
  2. Fidler v. SullivanAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by6 opinions

  1. Paternoster v. DrehmerAppellate Division of the Supreme Court of the State of New York · 1999
  2. CICCO, MICHAEL P. v. DUROLEK, FRED S.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Amitrano v. NotaroAppellate Division of the Supreme Court of the State of New York · 2004
  4. Buddle v. BuddleAppellate Division of the Supreme Court of the State of New York · 2009
  5. Ballinger v. Stelle Architects, PLLCAppellate Division of the Supreme Court of the State of New York · 2019

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