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HYATTE v. G.B.W. GLENWOOD DENTAL ADMINISTRATORS, INC.

8 A.D.3d 233 (2004)

777 N.Y.S.2d 686

MAUREEN HYATTE, Respondent, v. G.B.W. GLENWOOD DENTAL ADMINISTRATORS, INC., et al., Defendants, and PAUL E. VOSSWINKEL, Appellant.

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

June 1, 2004.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is denied.

A motion pursuant to CPLR 4102 (e) 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 a right (see Skelly v Sachem Cent. School Dist.,

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