TARANTINO v. CITY OF NEW YORK


148 A.D.2d 601 (1989)

Eustace Tarantino, Individually and as Administratrix of The Estate of Ralph Tarantino, Deceased, Appellant, v. City of New York et al., Respondents

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

March 20, 1989


Ordered that the order is affirmed insofar as appealed from, with costs.

In 1986 the plaintiff filed a note of issue on which her attorney placed an "x" before the words "Trial without jury". Within 15 days of service of the note of issue, the defendant New York City Health and Hospitals Corporation (hereinafter the hospital) served a demand for a jury trial (see, CPLR 4102 [a]) and the action was placed on the Jury...

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