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TANGER v. FERRER

8614, 116838/05.

100 A.D.3d 528 (2012)

954 N.Y.S.2d 86

STEVEN TANGER, Appellant, v. ALFRED FERRER III et al., Respondents.

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

November 20, 2012.

Defendants established that their failure to timely serve a jury demand was unintentional, and plaintiff failed to demonstrate any prejudice arising from the delay (see CPLR 4102 [a], [e]; Ossory Trading v Geldermann, Inc., 200 A.D.2d 423 [1st Dept 1994]). Defendants' lead counsel affirmed that he simply failed to notice plaintiff's request for a nonjury trial in the note of issue, because he was focused on reviewing the voluminous...

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