Downing v. Downing

Steuer J.

The instant appeal calls for the interpretation of CPLR 4102. We say this with all due humility in view of the absolute fiat in the dissent that there is simply no room for interpretation.

We start with the unequivocal statement of the Court of Appeals, which as far as we know has never been questioned: ‘ ‘ the right to a trial by jury is a personal right which must be *351timely asserted.” (Matter of Brenner v. Great Cove Realty Co., 6 N Y 2d 435, 442.) The manner of asserting the right is by including a demand for it in the note of issue and the time for so doing is when the note of…