Legal Opinion
Schwartz v. Sunlight Apartments, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 1948PublishedCited by 10 opinions
1Opinion of the Court
Appeal from resettled order denying plaintiffs’ motion for leave to serve and file a demand for a jury trial nunc pro tune. Order reversed on the law and the facts, with $10 costs and disbursements, and the. motion granted, without costs. The facts show that there was no intention to waive a jury trial and that the failure to demand a jury trial was due to the inexperience of plaintiffs’ attorney’s assistant. Since the motion to be relieved from the inadvertence was made so soon after the mistake occurred and could not adversely affect the defendant, the relief should have been granted.…
2Cases cited3 opinions
- 295 Classon Ave. Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
- Sorrin v. Lieberman & Rind, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- Storch v. High Grade Land Corp.Appellate Division of the Supreme Court of the State of New York · 1948
3Cited by10 opinions
- Morabito v. SolomonAppellate Division of the Supreme Court of the State of New York · 1951
- R. J. Marshall, Inc. v. Turner Construction Co.New York Supreme Court · 1954
- In re the Probate of the Will of BeattyNew York Surrogate's Court · 1954
- Denig v. SeeligAppellate Division of the Supreme Court of the State of New York · 1962
- Leone v. Greek Peak, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
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