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LACKOWITZ v. CITY OF YONKERS

29 A.D.3d 744 (2006)

813 N.Y.S.2d 912

RACHEL LACKOWITZ, Respondent, v. CITY OF YONKERS, Appellant.

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

May 16, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff served a note of issue which did not request a jury trial. The defendant did not thereafter timely request a jury trial, and thus, waived its right to a jury trial (see CPLR 4102 [a]). About seven months after being served with the note of issue, the defendant moved for leave to serve and file a demand for a jury trial. The Supreme Court providently denied the defendant's motion. The defendant's...

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