New York Investors, Inc. v. Laurelton Homes, Inc.

Order denying defendants’ motion for permission to serve and file nunc pro tunc as of November 14, 1929, a written demand for a jury trial pursuant to subdivision 5 of section 426 of the Civil Practice Act, and to direct the calendar clerk to accept such demand on the payment of legal fees, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. Subdivision 5 of section 426 of the Civil Practice Act is constitutional. The court, however, is not without power, in the exercise of a sound discretion, to relieve a party who has failed to…