Opinion
November 16, 1998
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the judgment is modified, on the law, by adding thereto a provision declaring that the parties entered into a limited partnership agreement, dated April 12, 1990, which is enforceable by the plaintiffs; as so modified, the judgment is affirmed, with costs to the respondents.
Under the circumstances of this case, the court did not improvidently exercise its discretion in denying the defendants' request to be relieved of their failure to file a timely demand for a jury trial ( see, CPLR 4102 [e]; Roosa v. Roosa, 248 A.D.2d 858; Calabro v. Calabro, 133 A.D.2d 604).
We note that since this is a declaratory judgment action, the Supreme Court should have directed the entry of a declaration in favor of the plaintiffs ( see, Lanza v. Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 371 U.S. 901).
The defendants' remaining contentions are either without merit or do not warrant reversal.
Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.