Rivera v. Serrata

OPINION OF THE COURT

Lucindo Suarez, J.

*380The issues to be determined upon the reference of this matter for an inquest and assessment of damages following the striking of defendant’s answer are whether the defendant’s jury demand should be allowed where the demand was filed two days late; and whether evidence of “serious injury” and damages by signed and sworn written statements of plaintiffs treating or examining physicians will be permitted at the inquest, pursuant to 22 NYCRR 202.46 (b), if held before the court and a jury. The court finds that defendant’s jury demand is allowed and that, at…