JOSEPH v. EXXON CORP.


83 A.D.2d 549 (1981)

Dieuveuil Joseph et al., Appellants, v. Exxon Corporation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1981


Order affirmed, with $50 costs and disbursements.

Special Term properly exercised its discretion in denying plaintiffs' motion in view of their failure, by an adequate factual showing, to demonstrate that the acts of their attorney in placing an "X" mark in the box on the note of issue before the words "Trial without jury", and filing same without payment of a jury fee, were inadvertent. Furthermore, there was an inordinate delay, of over three months, before plaintiffs...

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