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SUMBA v. SAMPAIO

44 A.D.3d 648 (2007)

841 N.Y.S.2d 891

VICTOR SUMBA, Respondent, v. OLINDA SAMPAIO et al., Appellants.

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

Decided October 2, 2007.

Ordered that the order is affirmed, with costs.

The defendants failed to make an adequate factual showing that their failure to timely file a jury demand was the result of inadvertence or other excusable default (see Behrmann v Heinz Pet Prods., 215 A.D.2d 619 [1995]; Tarantino v City of New York, 148 A.D.2d 601 [1989]; Joseph v Exxon Corp., 83 A.D.2d 549...

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