BRAUN v. CESAREO

939 CA 18-00377.

170 A.D.3d 1540 (2019)

94 N.Y.S.3d 744

2019 NY Slip Op 01962

Travis M. Braun, Respondent, v. Christopher J. Cesareo et al., Appellants. (Appeal No. 6.).

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

Decided March 15, 2019.


It is hereby ordered that the judgment so appealed from is reversed on the law without costs, defendants' application for leave to file a late demand for a jury trial is granted, and a new trial is granted.

Memorandum: Defendants appeal from, inter alia, a judgment entered against them following a nonjury trial. We agree with defendants that Supreme Court erred in denying their oral application for leave to file a late demand for a jury trial, and we therefore reverse...

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