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Sumba v. Sampaio

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2007
44 A.D.3d 648 (N.Y. App. Div. 2007)

Opinion

No. 2007-03519.

October 2, 2007.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Nicolai, J.), entered April 6, 2007, which denied their motion pursuant to CPLR 4102 (e) for leave to file a jury demand nunc pro tunc.

Baxter, Smith, Tassan Shapiro, P.C., White Plains, N.Y. (Terri S. Hall of counsel), for appellants.

Tully Law Office, P.C., Yorktown Heights, N.Y. (Tara A. Tully of counsel), for respondent.

Before: Schmidt, J.E, Spolzino, Skelos, Lifson and McCarthy, JJ., concur.


Ordered that the order is affirmed, with costs.

The defendants failed to make an adequate factual showing that their failure to timely file a jury demand was the result of inadvertence or other excusable default ( see Behrmann v Heinz Pet Prods., 215 AD2d 619; Tarantino v City of New York, 148 AD2d 601; Joseph v Exxon Corp., 83 AD2d 549; cf Lane v Marshall, 89 AD2d 579; Calspan Corp. v Fingermatrix, Inc., 84 AD2d 826). Accordingly, the Supreme Court properly exercised its discretion in denying the defendants' motion.


Summaries of

Sumba v. Sampaio

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2007
44 A.D.3d 648 (N.Y. App. Div. 2007)
Case details for

Sumba v. Sampaio

Case Details

Full title:VICTOR SUMBA, Respondent, v. OLINDA SAMPAIO et al., Appellants

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

Date published: Oct 2, 2007

Citations

44 A.D.3d 648 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7423
841 N.Y.S.2d 891

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