Boxer v. Topalian

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

Opinion

Per Curiam.

Section 85 of the New York City Civil Court Act provides that either party, after joinder of issue, may demand 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.