Muhl v. Vesta Fire Insurance

Over defendant’s opposition, the IAS court initially granted plaintiffs motion, in October 2000, to sever certain (Pool I) claims for referral to a referee; but in his subsequently filed note of issue, dated February 2001, plaintiff inexplicably demanded a jury trial on that issue. Two months later, plaintiff moved to amend the note of issue to omit his request for a jury trial.

Once a party has demanded a jury trial, he may not withdraw that demand without the consent of the other parties (CPLR 4102 [a]). In granting plaintiffs motion to amend the note of issue, the IAS court found lack of…