Morabito v. Solomon
278 A.D. 657, 102 N.Y.S.2d 335, 1951 N.Y. App. Div. LEXIS 4250
Appellate Division of the Supreme Court of the State of New York·Decided February 5, 1951·Published·Cited by 8 cases
Opinion
Appeal from an order denying defendant’s motion for leave to file nunc pro tune a demand for a jury trial. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs. The facts show that there was no intention to waive a jury trial. It is not disputed that the demand for a jury was timely served and that only an office error prevented its being filed with the County Clerk. (Schwartz v. Sunlight Apts., 274 App. Div. 901.) Nolan, P. J., Carswell, Adel, Sneed and MaeCrate, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Morabito v. Solomon, 278 A.D. 657, 102 N.Y.S.2d 335, 1951 N.Y. App. Div. LEXIS 4250 (N.Y. Ct. App. 1951).
278 A.D. 657 (Morabito v. Solomon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Rudolf v. Solomon
2019 NY Slip Op 3394 (Appellate Division of the Supreme Court of New York, 2019)
Beck v. 200 Wyndham Associates
61 A.D.2d 804 (Appellate Division of the Supreme Court of New York, 1978)
Denig v. Seelig
17 A.D.2d 948 (Appellate Division of the Supreme Court of New York, 1962)
Robertson v. United Plastering, Inc.
15 A.D.2d 672 (Appellate Division of the Supreme Court of New York, 1962)
Milton A. Jacobs, Inc. v. Manning Manufacturing Corp.
23 Misc. 2d 507 (New York Supreme Court, 1960)
Leahy v. Delvee Realty Corp.
208 Misc. 57 (New York Supreme Court, 1955)
R. J. Marshall, Inc. v. Turner Construction Co.
207 Misc. 490 (New York Supreme Court, 1954)
In re the Probate of the Will of Warren
206 Misc. 825 (New York Surrogate's Court, 1954)