Legal Opinion
Lynch v. Consolidated Rail Corp.
District Court, S.D. New York
Decided August 26, 1977No. 77 Civ. 934(MP)PublishedCited by 5 opinions
1Opinion of the Court
POLLACK, District Judge.
Plaintiff has moved, pursuant to Rules 39(b) and 81(c) of the Federal Rules of Civil Procedure, for an order permitting trial by jury in this removed negligence action. No jury demand was made either in the state court or during the pendency of the action in the federal court until the eve of trial and the retention of trial counsel for the plaintiff.
This action was commenced in the Supreme Court of the State of New York, New York County, in January of 1977. On February 25, 1977, the defendants filed a petition for removal and the action was duly removed to this Court…
2Cases cited4 opinions
- Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
- Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
- Higgins v. Boeing Co.Court of Appeals for the Second Circuit · 1975
- Leve v. General Motors Corp.District Court, S.D. New York · 1965
3Cited by5 opinions
- Reefer Express Lines v. Arkwright-Boston Manufacturers InsuranceDistrict Court, S.D. New York · 1980
- Berger v. Goodyear Tire & Rubber Co.District Court, S.D. New York · 1979
- Cullen v. BMW of North America, Inc.District Court, E.D. New York · 1979
- Judge v. Continental Casualty Co.District Court, E.D. Tennessee · 1981
- Van Zandt v. Uniroyal, Inc., Peerless Tire Div.District Court, W.D. New York · 1982