Commack Enterprises v. Aetna Casualty & Surety Co.

OPINION OF THE COURT

Harold Baer, Jr., J.

Plaintiff moves for an order permitting it to file a jury demand nunc pro tune. A note of issue was filed on June 13, 1989. Counsel states that "through inadvertence” the note of issue failed to contain a demand for trial by jury. Plaintiff served a jury demand on defendant nine days later and attempted to file the same, but it was rejected by the clerk’s office. This motion followed.

Defendant opposes the motion. Defendant points out that an earlier note of issue filed in August 1987 also did not contain a demand for a jury trial. In May 1988, the case…