In this contested divorce action, defendant wife admittedly filed her demand for a jury trial more than one month late on April 9, 1978, and plaintiff husband objected to her demand. By order to show cause defendant thereupon moved, pursuant to CPLR 4102 (subd [e]), for relief from her tardy filing, and her request was denied by Special Term. This appeal followed. We hold that the order of Special Term should be affirmed. In its discretion the court may excuse a late filing...
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