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Cooke v. Heimbinder

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1983
92 A.D.2d 604 (N.Y. App. Div. 1983)

Opinion

February 28, 1983


In an action to recover the balance due for renovation work on defendants' residence, defendants appeal from an order of the Supreme Court, Suffolk County (Jones, J.), entered October 1, 1982, which denied their motion for leave to file a jury demand nunc pro tunc. Order reversed, without costs or disbursements, and motion granted (see CPLR 4102, subd [e]; Lane v. Marshall, 89 A.D.2d 579; Calspan Corp. v. Fingermatrix, Inc., 84 A.D.2d 826; Milton A. Jacobs, Inc. v. Manning Mfg. Corp., 23 Misc.2d 507). The jury demand shall be served and filed within 20 days after service upon defendants of a copy of the order to be made hereon, with notice of entry. Damiani, J.P., Mangano, Thompson and O'Connor, JJ., concur.


Summaries of

Cooke v. Heimbinder

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1983
92 A.D.2d 604 (N.Y. App. Div. 1983)
Case details for

Cooke v. Heimbinder

Case Details

Full title:JOHN C. COOKE, Respondent, v. LAWRENCE I. HEIMBINDER et al., Appellants

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

Date published: Feb 28, 1983

Citations

92 A.D.2d 604 (N.Y. App. Div. 1983)