Order reversed, with $50 costs and disbursements, and motion granted.
It appears that the jury demand was at most six days late under the provisions of CPLR 4102 (subd [a]). The delay of some 33 days between the attempted filing of the jury demand and the return date of the motion was not inordinate. In our opinion, these "facts indicate not only the absence of any act constituting a waiver of the right to a jury trial — an indispensable requisite to a finding...
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