Keller v. Keller

Appeal from an order of the Supreme Court at Special Term, entered May 5, 1978 in Tompkins County, which denied defendant’s motion for an order relieving her of her failure to serve a timely demand for a jury trial. In this contested divorce action, defendant wife admittedly filed her demand for a jury trial more than one month late on April 9, 1978, and plaintiff husband objected to her demand. By order to show cause defendant thereupon moved, pursuant to CPLR 4102 (subd [e]), for relief from her tardy filing, and her request was denied by Special Term. This appeal followed. We hold that the…