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ROSENBAUM v. SCHLOSSMAN

2676, 2677N, 601766/06

72 A.D.3d 623 (2010)

898 N.Y.S.2d 851

CORY ROSENBAUM, ESQ., Respondent, v. BETH J. SCHLOSSMAN, ESQ., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 29, 2010.

Defendants should be permitted to serve and file a late jury demand given that the lateness, by only five days, was due in part to the late filing of the note of issue, and also given no intention by defendants to waive a jury trial, a prompt motion by defendants to be relieved of their default in timely filing a jury demand, and no prejudice to plaintiff caused by the late jury demand (see A.S.L. Enters. v Venus Labs.,&...

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