Zelvin v. Pagliocca

Appellate Division of the Supreme Court of New York

Zelvin v. Pagliocca

32 A.D.2d 561, 300 N.Y.S.2d 361, 1969 N.Y. App. Div. LEXIS 4191

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 21, 1969

StatusPublished

Cited by4 cases

This text of 32 A.D.2d 561 (Zelvin v. Pagliocca) 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

Zelvin v. Pagliocca, 32 A.D.2d 561, 300 N.Y.S.2d 361, 1969 N.Y. App. Div. LEXIS 4191 (N.Y. Ct. App. 1969).

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Opinion

Appeal by plaintiff from an order of the Supreme Court, Westchester County, dated September 25, 1968, which granted defendants’ motion for leave to serve and file a jury demand nunc pro tunc. Order reversed, on the law and the facts, with $20 costs and disbursements, and motion denied. In our opinion, it was an improvident exercise of discretion to grant the leave requested. The application was not made until 4% months after plaintiff’s nonjury note of issue was served. In addition, there is no adequate factual showing that the failure of defendants’ former attorneys to demand a jury trial was inadvertent and that defendants had no intention to waive their right to a jury trial (Eastern Air Lines v. Town of Islip, 14 A D 2d 792; 7 Carmody-Wait 2d, N. Y. Prac., § 49.59). Christ, Acting P. J., Brennan, Rabin, Munder and Martus cello, JJ., concur.

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Appeal by plaintiff from an order of the Supreme Court, Westchester County, dated September 25, 1968, which granted defendants’ motion for leave to serve and file a jury demand nunc pro tunc. Order reversed, on the law and the facts, with $20 costs and disbursements, and motion denied. In our opinion, it was an improvident exercise of discretion to grant the leave requested. The application was not made until 4% months after plaintiff’s nonjury note of issue was served. In addition, there is no adequate factual showing that the failure of defendants’ former attorneys to demand a jury trial was inadvertent and that defendants had no intention to waive their right to a jury trial (Eastern Air Lines v. Town of Islip, 14 A D 2d 792; 7 Carmody-Wait 2d, N. Y. Prac., § 49.59). Christ, Acting P. J., Brennan, Rabin, Munder and Martus cello, JJ., concur.

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Bluebook (online)

32 A.D.2d 561, 300 N.Y.S.2d 361, 1969 N.Y. App. Div. LEXIS 4191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zelvin-v-pagliocca-nyappdiv-1969.

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