Legal Opinion
Schrank v. Rensselaer Associates, Inc.
New York Supreme Court
Decided December 9, 1970PublishedCited by 1 opinion
1Opinion of the CourtJohn T. Casey, J.
The plaintiffs move to delete the demand for a jury trial from their note of issue, filed and served on or about August 24, 1970, contending that the demand was a mere inadvertence. The defendants object to granting such relief contending that the plaintiffs having elected trial by jury in their note of issue are bound by the election and their proposed waiver of such right cannot withdraw such demand without the consent of the other parties. (CPLB 4102, subd. M.)
It has been held that where a demand for a jury trial is included in the first note of issue filed, there is no occasion or…
2Cases cited8 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
- Carroll v. . DeimelNew York Court of Appeals · 1884
- Ketcham v. WilburAppellate Division of the Supreme Court of the State of New York · 1926
- Ketcham v. WilburNew York Court of Appeals · 1927
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3Cited by1 opinion
- Kaplan v. 2108-2116 Walton Avenue Realty Corp.New York Supreme Court · 1980