IETTO v. GREYHOUND BUS LINES


9 Misc.2d 251 (1957)

Alice Ietto, Respondent, v. Greyhound Bus Lines, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

November 8, 1957.


Attorney(s) appearing for the Case

Thomas M. Russell and Harry Kalman for appellant.

H. Lee Kanner and Clarence R. Eisen for respondent.

PETTE, HART and DI GIOVANNA, JJ., concur.


Per Curiam.

Plaintiff-respondent has shown no facts indicating that the failure of her attorney to demand a jury at the time a note of issue was served and filed placing the case on the calendar was due to excusable error, and that it was not plaintiff's intention to waive a jury trial. Moreover, the relief is sought by plaintiff over 16 months from the date that the case was placed on the calendar and to grant such relief at this late date would prejudice...

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