From Casetext: Smarter Legal Research

Calabro v. Calabro

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1987
133 A.D.2d 604 (N.Y. App. Div. 1987)

Opinion

October 5, 1987

Appeal from the Supreme Court, Suffolk County (Willen, J.).


Ordered that the order is affirmed, with costs.

The decision of whether or not to relieve the defendant husband of his waiver of the right to a jury trial rested within the sound discretion of the Supreme Court, Suffolk County, and we are not prepared, under the circumstances here, to say that the court improvidently exercised its discretion (see, CPLR 4102 [e]; Gonzalez v. Concourse Plaza Syndicates, 41 N.Y.2d 414). Mangano, J.P., Bracken, Brown and Niehoff, JJ., concur.


Summaries of

Calabro v. Calabro

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1987
133 A.D.2d 604 (N.Y. App. Div. 1987)
Case details for

Calabro v. Calabro

Case Details

Full title:MARY CALABRO, Respondent, v. SALVATORE CALABRO, Appellant

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

Date published: Oct 5, 1987

Citations

133 A.D.2d 604 (N.Y. App. Div. 1987)

Citing Cases

Scali v. Mancini

Under the circumstances of this case, the court did not improvidently exercise its discretion in denying the…

Roosa v. Roosa

We affirm. In our view, the decision as to whether to relieve a party from failing to timely comply with…