Pro Bono Barrister: Hon. Schmidt denies late request for jury
Kings Justice David Schmidt is not only known for his outstanding work ethic, but he can be meticulous in sifting fact from fiction when one party seeks an advantage over another. A case in point appeared recently in the New York Law Journal, wherein defendant Lachman wanted Justice Schmidt’s permission to file a late jury notice a full seven months after the statutory deadline.
A lot of maneuvering goes on with these notices, trial lawyers know. Some plaintiffs want to skip the expense of the jury demand, hoping that the defendant (usually an insurance company) will pay to file it on their own.
In this personal injury case (Philip V. Lachman) the defendant claimed that it was simply a case of law office, innocent excusable neglect. While the motivations of defendant in not filing weren’t discussed in the NYLJ summary, trial lawyers know that usually in Kings County personal injury trials, the plaintiff is the party insisting on trial by jury.