Caruso, Caruso & Branda v. Hirsch

In an action to recover unpaid legal fees, the defendant ap*887peals from an order of the Supreme Court, Kings County (Held, J.), dated April 10, 2008, which denied her motion pursuant to CPLR 4102 (e) for leave to serve and file a late demand for a jury trial.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendant’s motion pursuant to CPLR 4102 (e) for leave to serve and file a late demand for a jury trial. A motion for such relief must be based upon a factual showing that the earlier waiver of that right was the…