Legal Opinion
Figueroa v. Pratt Hotel Corp.
District Court, S.D. New York
Decided November 28, 1994No. 93 Civ. 0328 (LAK)PublishedCited by 6 opinions
1Opinion of the Court
OPINION
KAPLAN, District Judge.
This is another ease removed from the state courts in which the plaintiff did not file a timely jury demand upon removal and now seeks to be relieved of the consequences of that failure. We conclude that plaintiff is not entitled to that relief in the unusual circumstances of this case.
Facts
This, personal injury action was commenced in the New York Supreme Court, Bronx County, and was removed to this Court on January 19, 1993. At the time of removal, the only extant pleading was the complaint and, consistent with New York state practice, it did not contain a…
2Cases cited3 opinions
- Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
- Higgins v. Boeing Co.Court of Appeals for the Second Circuit · 1975
- Lisette Cascone v. Ortho Pharmaceutical CorporationCourt of Appeals for the Second Circuit · 1983
3Cited by6 opinions
- National Union Fire Insurance v. L.E. Myers Co. GroupDistrict Court, S.D. New York · 1996
- Czenszak v. Director of the Trinity ChurchDistrict Court, S.D. New York · 1994
- Liriano v. Hobart Corp.District Court, S.D. New York · 1995
- Megadyne Medical Products v. Aaron Medical IndustriesDistrict Court, D. Utah · 1996
- Capak v. EppsDistrict Court, S.D. New York · 2023
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