Boxer v. Topalian

New York Supreme Court

Boxer v. Topalian

39 Misc. 2d 503, 240 N.Y.S.2d 778, 1963 N.Y. Misc. LEXIS 2087

DecidedMay 2, 1963

StatusPublished

This text of 39 Misc. 2d 503 (Boxer v. Topalian) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boxer v. Topalian, 39 Misc. 2d 503, 240 N.Y.S.2d 778, 1963 N.Y. Misc. LEXIS 2087 (N.Y. Super. Ct. 1963).

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Opinion

Per Curiam.

Section 85 of the New York City Civil Court Act provides that either party, after joinder of issue, may [504]*504demand a trial by jury. By this provision, a party is not restricted to serve his jury demand to a date which occurs after the service of a notice of trial. By section 85 the time to serve and file a jury demand is extended from the date of joinder of issue up to and including the third day after the service of a notice of trial in the action. Accordingly, the service of the demand for a jury herein, made within one day after joinder of issue, was timely (Hanfling v. Silver Refrigeration Mfg. Corp., 207 Misc. 213).

The order should be reversed, with $10 costs, and motion to strike case from Jury Calendar denied. Case restored to the Jury Calendar.

Concur — Tilzer, J. P., Hoestadtbr and Gold, JJ.

Order reversed, etc.

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Per Curiam.

Section 85 of the New York City Civil Court Act provides that either party, after joinder of issue, may [504]*504demand a trial by jury. By this provision, a party is not restricted to serve his jury demand to a date which occurs after the service of a notice of trial. By section 85 the time to serve and file a jury demand is extended from the date of joinder of issue up to and including the third day after the service of a notice of trial in the action. Accordingly, the service of the demand for a jury herein, made within one day after joinder of issue, was timely (Hanfling v. Silver Refrigeration Mfg. Corp., 207 Misc. 213).

The order should be reversed, with $10 costs, and motion to strike case from Jury Calendar denied. Case restored to the Jury Calendar.

Concur — Tilzer, J. P., Hoestadtbr and Gold, JJ.

Order reversed, etc.

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Bluebook (online)

39 Misc. 2d 503, 240 N.Y.S.2d 778, 1963 N.Y. Misc. LEXIS 2087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boxer-v-topalian-nysupct-1963.

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