McDONALD v. JUSTIAN


282 A.D.2d 440 (2001)

722 N.Y.S.2d 426

CHRISTINE McDONALD et al., Appellants, v. SUZANNE A. JUSTIAN, Respondent. (Action No. 1.) SUZANNE A. JUSTIAN et al., Respondents, v. CHRISTINE McDONALD et al., Appellants. (Action No. 2.)

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

Decided April 2, 2001.


Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is granted, and the appellants are granted leave to serve and file a jury demand within 20 days after service upon them of a copy of this decision and order with notice of entry.

In view of, inter alia, the stipulation in which the parties agreed to the rescission of the appellants' unintentional jury waiver and to the belated filing of a...

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