Consolidated Edison Co. of New York, Inc. v. 1297 Realty Corp.

OPINION OF THE COURT

David B. Saxe, J.

In a Civil Court action that is subject to mandatory arbitration, must a party, in order to preserve his right to a jury trial, submit a jury demand at or within 10 days of the time the notice of trial is served, or can he wait until the time of service of the demand for a trial de novo (or within 10 days thereafter)?

The plaintiff, Con Edison, commenced this action to recover gas and electric charges from the defendant. Thereafter, a notice of trial pursuant to CCA 1301 was served by the plaintiff. Neither side filed a demand for a trial by jury at that…