Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the motion is denied.
The plaintiffs failed to demonstrate that their affirmative request in their note of issue for a "[t]rial without jury" was inadvertent or the result of clerical error. Accordingly, the Supreme Court improvidently exercised its discretion in granting the motion for leave to file a late demand for a trial by jury (see<...
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