COMMACK ENTERS. v. AETNA CAS.


145 Misc.2d 157 (1989)

Commack Enterprises, Plaintiff, v. Aetna Casualty & Surety Company, Defendant.

Supreme Court, New York County.

September 18, 1989


Attorney(s) appearing for the Case

Kaplan, Oshman, Helfenstein & Matza for plaintiff. Smith Mazure Director & Wilkins, P. C., for defendant.


HAROLD BAER, JR., J.

Plaintiff moves for an order permitting it to file a jury demand nunc pro tunc. A note of issue was filed on June 13, 1989. Counsel states that "through inadvertence" the note of issue failed to contain a demand for trial by jury. Plaintiff served a jury demand on defendant nine days later and attempted to file the same, but it was rejected by the clerk's office. This motion followed.

Defendant opposes the motion. Defendant...

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