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Morabito v. Solomon

278 A.D. 657, 102 N.Y.S.2d 335, 1951 N.Y. App. Div. LEXIS 4250
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 5, 1951
StatusPublished
Cited by8 cases

This text of 278 A.D. 657 (Morabito v. Solomon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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.

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Cite This Page — Counsel Stack

Bluebook (online)
278 A.D. 657, 102 N.Y.S.2d 335, 1951 N.Y. App. Div. LEXIS 4250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morabito-v-solomon-nyappdiv-1951.