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BALLINGER v. STELLE ARCHITECTS, PLLC

2017-03166, Index No. 17642/06.

171 A.D.3d 846 (2019)

95 N.Y.S.3d 873

2019 NY Slip Op 02668

Alan Ballinger et al., Appellants, v. Stelle Architects, PLLC, Respondent.

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

Decided April 10, 2019.

Ordered that the order is affirmed, with costs.

The decision of whether to relieve a party from a failure to serve a timely request for a jury trial lies within the sound discretion of the trial court (see Cicco v Durolek, 147 A.D.3d 1486, 1487 [2017]; Buddle v Buddle, 62 A.D.3d 1192, 1192 [2009]; Roosa v Roosa, 248 A.D.2d 858, 858 [1998...

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