Legal Opinion
Board of Education Central School District No. 2 v. Aetna Casualty & Surety Co.
District Court, S.D. New York
Decided December 16, 1969No. 68 Civ. 1162PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
FRANKEL, District Judge.
In this suit upon a performance bond, removed from state court, the complaint was served March 12, 1968. After many successive adjournments, seemingly justified by unusual circumstances, the answer was served on October 3, 1969. Allowing three days for mail service,1 plaintiff had until October 16 to demand a jury trial as of right.2 The right was not exercised. On November 6 or 7,1969, plaintiff’s counsel requested defendant’s consent to the late filing of a jury demand. As grounds for the request, counsel explained that he had suffered severe physical…
2Cases cited1 opinion
- Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
3Cited by5 opinions
- LeMaster v. City of WinnemuccaDistrict Court, D. Nevada · 1986
- Reefer Express Lines v. Arkwright-Boston Manufacturers InsuranceDistrict Court, S.D. New York · 1980
- C. Albert Sauter Co. v. Richard S. Sauter Co.District Court, E.D. Pennsylvania · 1972
- Add-A-Bin Co. v. M.S.D. Hot Mix Surge & Storage Equipment Corp.District Court, S.D. New York · 1971
- Flagstaff Foodservice Corp. v. Consolidated Foods Corp. (In re Flagstaff Foodservice Corp.)District Court, S.D. New York · 1982