Bressler v. Kalow

Appellate Division of the Supreme Court of New York

Bressler v. Kalow

13 A.D.3d 70, 785 N.Y.S.2d 328, 2004 N.Y. App. Div. LEXIS 14718

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 2, 2004

StatusPublished

This text of 13 A.D.3d 70 (Bressler v. Kalow) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bressler v. Kalow, 13 A.D.3d 70, 785 N.Y.S.2d 328, 2004 N.Y. App. Div. LEXIS 14718 (N.Y. Ct. App. 2004).

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Opinion

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered on or about June 15, 2004, which denied defendants’ motion to strike plaintiffs jury demand, unanimously affirmed, without costs.

Plaintiffs claims are primarily legal in nature, affording him the opportunity for full relief by means of a monetary award under the facts as alleged (see Cadwalader Wickersham & Taft v Spinale, 177 AD2d 315 [1991]). Since plaintiff pursued an accounting merely to determine the amount of such damages, the initial joinder of prayers for legal and equitable relief did not constitute a waiver of the right to a jury trial in the first instance (Lex Tenants Corp. v Gramercy N. Assoc., 284 AD2d 278 [2001]).

We have considered defendants’ remaining contentions and find them unavailing. Concur—Sullivan, J.P., Ellerin, Lerner, Marlow and Catterson, JJ.

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Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered on or about June 15, 2004, which denied defendants’ motion to strike plaintiffs jury demand, unanimously affirmed, without costs.

Plaintiffs claims are primarily legal in nature, affording him the opportunity for full relief by means of a monetary award under the facts as alleged (see Cadwalader Wickersham & Taft v Spinale, 177 AD2d 315 [1991]). Since plaintiff pursued an accounting merely to determine the amount of such damages, the initial joinder of prayers for legal and equitable relief did not constitute a waiver of the right to a jury trial in the first instance (Lex Tenants Corp. v Gramercy N. Assoc., 284 AD2d 278 [2001]).

We have considered defendants’ remaining contentions and find them unavailing. Concur—Sullivan, J.P., Ellerin, Lerner, Marlow and Catterson, JJ.

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Bluebook (online)

13 A.D.3d 70, 785 N.Y.S.2d 328, 2004 N.Y. App. Div. LEXIS 14718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bressler-v-kalow-nyappdiv-2004.

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