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KAPLAN v. CAVICCHIA

107 N.J. Super. 201 (1969)

257 A.2d 739

MEYER KAPLAN, PLAINTIFF-RESPONDENT, v. ELSIE CAVICCHIA, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. HUGH ANTHONY LOPEZ, ET AL., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1969.

Attorney(s) appearing for the Case

Mr. Julius B. Poppinga argued the cause for appellant and third-party plaintiff (Messrs. McCarter & English, attorneys; Mr. Joseph E. Irenas and Mr. John R. Drosdick, on the brief).

Mr. Morris M. Schnitzer argued the cause for respondent (Messrs. Kasen, Schnitzer & Kraemer, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered by KILKENNY, J.A.D.

Defendant Elsie Cavicchia appeals, pursuant to leave granted under R.R. 2:2-3(a), from an order of the Chancery Division denying her motion for a jury trial of the issues involved in this litigation. Denial was based on the ground that the application for a trial by jury was not timely made, as required by R.R. 4:39-1 and 4:39-2.

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