MORABITO v. SOLOMON

Appeal from an order denying defendant's motion for leave to file nunc pro tunc a demand for a jury trial. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs. The facts show that there was no intention to waive a jury trial. It is not disputed that the demand for a jury was timely served and that only an office error prevented its being filed with the County Clerk. ( Schwartz v. Sunlight Apts., 274 App. Div. 901.) Nolan, P.J., Carswell, Adel, Sneed and MacCrate, JJ., concur.