Leone v. Greek Peak, Inc.

— Order unanimously reversed, without costs, and motion granted. Memorandum: This is a negligence action in which plaintiff’s attorney filed a note of issue containing a check mark designating “Trial without jury”. Less than three months later, plaintiff moved for leave to serve and file a demand for trial by jury. Special Term denied the motion, and plaintiff appeals. Although plaintiff is deemed to have waived her right to a jury trial (CPLR 4102, subd [a]), she may be relieved of the waiver “if no undue prejudice to the rights of another party would result” (CPLR 4102, subd [e]).…