Order unanimously reversed, without costs, and motion granted.
Memorandum:
This is a negligence action in which plaintiff's attorney filed a note of issue containing a check mark designating "Trial without jury". Less than three months later, plaintiff moved for leave to serve and file a demand for trial by jury. Special Term denied the motion, and plaintiff appeals. Although plaintiff is deemed to have waived her right to a jury trial (CPLR 4102, subd [a...
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