The plaintiff S.M. brought a motion to strike his jury notice, filed in 2014, seeking to proceed with a judge-alone trial in March 2021 due to anticipated delays in jury trials caused by the COVID-19 pandemic.
The primary defendant, Ero Longo, opposed the motion.
The court applied the "justice better served" test, considering factors such as the substantive right to a jury trial, the extent of delay, and the practicalities of trial scheduling.
The court found that a six-month delay to an October 2021 jury trial blitz was not unconscionable, especially given the plaintiff's own delays in the action and the availability of retrofitted court facilities.
The plaintiff failed to demonstrate sufficient prejudice beyond delay or that a judge-alone trial would better serve justice.
The motion was dismissed, the March 2021 trial dates were vacated, and the case was placed on the October 2021 trial blitz for an in-person jury trial.
The issue of striking the jury was left open for future reconsideration if the October trial does not proceed.
