Plaintiff commenced this matrimonial action in March 1996. At a conference in early July 1997, Supreme Court set a trial date for September 3, 1997. Shortly thereafter, pursuant to the schedule set by the court, plaintiff filed and served a note of issue requesting a nonjury trial. Defendant failed to serve plaintiff with a demand for a jury trial within 15 days of service of the note of issue (see, CPLR 4102 [a]), thereby waiving his...
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