Legal Opinion

Cullen v. BMW of North America, Inc.

District Court, E.D. New York

Decided November 7, 1979No. 79 C 970PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM ORDER

NEAHER, District Judge.

The motions before the court involve the all too familiar failure of a plaintiff’s attorney to serve a timely jury demand in an action removed from State court. The action was commenced in Supreme Court, Nassau County, on March 14, 1979, by service of summons and complaint. Defendant filed a notice of removal with the Clerk of this Court on April 13, 1979. The notice and a copy of the petition for removal were mailed to plaintiff’s attorney and the Clerk of the Supreme Court, Nassau County, on the same day. Defendant’s answer and notice of deposition…

2Cases cited17 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
  3. Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
  4. Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
  5. American Electric Power Co. v. Westinghouse Electric Corp.District Court, S.D. New York · 1976

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3Cited by2 opinions

  1. Cascone v. Ortho Pharmaceutical Corp.District Court, S.D. New York · 1982
  2. Linden v. Chase Manhattan Corp.District Court, S.D. New York · 1999

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