Duverce v. Weiner

OPINION OF THE COURT

Margaret Gammer, J.

The issue on this motion is whether a tenant who served a timely jury demand (without, because of financial inability, paying the fee therefor) waived her right to a jury trial by engaging in settlement discussions in a nonjury part. For the reasons stated below, this court holds she did not waive her rights.

This nonpayment proceeding was commenced on May 9, 1989. Respondent, through her attorney, served and filed a *285written answer containing a jury demand and counterclaim on May 26, 1989, the same date this proceeding was scheduled for trial. On that…