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GREEN v. SIBEN

104 A.D.2d 923 (1984)

Herbert Green, Respondent, v. Sidney Siben et al., Appellants

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

October 15, 1984

Order reversed, with costs, motion denied and matter restored to the Nonjury Trial Calendar.

A motion for an extension of time to file a demand for a jury trial must be based upon a factual showing that the earlier waiver of that right was the result of either inadvertence or other excusable conduct indicating a lack of intention to waive such right (see Joseph v Exxon Corp., 83 A.D.2d 549). In the case at bar, plaintiff...

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