Appellate Division of the Supreme Court of the State of New York April 21, 1969 (Zelvin v. Pagliocca)

Appeal by plaintiff from an order of the Supreme Court, Westchester County, dated September 25, 1968, which granted defendants’ motion for leave to serve and file a jury demand nunc pro tunc. Order reversed, on the law and the facts, with $20 costs and disbursements, and motion denied. In our opinion, it was an improvident exercise of discretion to grant the leave requested.