Opinion
May 1, 2010.
Process — Service of Process — Failure to file affidavit of service of notice of petition and petition is not jurisdictional defect and thus can be filed nunc pro tunc. Trial — Right to Jury Trial — Failure to demand jury trial in accordance with RPAPL 745 (1) or UJCA 1303 constitutes waiver of jury trial. Real Property Actions and Proceedings Law — § 745 (1) (Summary proceeding to recover possession of real property; trial). Uniform Justice Court Act — § 1303 (Jury trials; how obtained; jury fee).