New Jersey Steel Acquisition Corp. v. Roll

Appellate Division of the Supreme Court of New York

New Jersey Steel Acquisition Corp. v. Roll

188 A.D.2d 279, 590 N.Y.S.2d 719, 1992 N.Y. App. Div. LEXIS 13520

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1992·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (David B. Saxe. J.), entered May 8, 1992, granting defendants’ motion to strike plaintiffs demand for a jury trial, unanimously affirmed, with costs.

The IAS Court properly held that plaintiff waived its right to a jury trial when it joined its legal and equitable causes of action arising out of the same alleged wrong in its complaint (Zimmer-Masiello, Inc. v Zimmer, Inc., 164 AD2d 845). Plaintiffs claims of tortious interference and unjust enrichment, as pleaded in the complaint, do not arise out of separate transactions, and therefore do not entitle plaintiff to a jury trial on those causes of action (CPLR 4102 [c]). Finally, having waived its right to a jury trial by joining its legal and equitable claims, that right may not be subsequently revived (Zimmer-Masiello, Inc. v Zimmer, Inc., supra; Kaplan v Long Is. Univ., 116 AD2d 508). Concur — Milonas, J. P., Ellerin, Ross, Asch and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (David B. Saxe. J.), entered May 8, 1992, granting defendants’ motion to strike plaintiffs demand for a jury trial, unanimously affirmed, with costs.

The IAS Court properly held that plaintiff waived its right to a jury trial when it joined its legal and equitable causes of action arising out of the same alleged wrong in its complaint (Zimmer-Masiello, Inc. v Zimmer, Inc., 164 AD2d 845). Plaintiffs claims of tortious interference and unjust enrichment, as pleaded in the complaint, do not arise out of separate transactions, and therefore do not entitle plaintiff to a jury trial on those causes of action (CPLR 4102 [c]). Finally, having waived its right to a jury trial by joining its legal and equitable claims, that right may not be subsequently revived (Zimmer-Masiello, Inc. v Zimmer, Inc., supra; Kaplan v Long Is. Univ., 116 AD2d 508). Concur — Milonas, J. P., Ellerin, Ross, Asch and Kassal, JJ.

New Jersey Steel Acquisition Corp. v. Roll, 188 A.D.2d 279, 590 N.Y.S.2d 719, 1992 N.Y. App. Div. LEXIS 13520 (N.Y. Ct. App. 1992).

Pincite

188 A.D.2d 279 (New Jersey Steel Acquisition Corp. v. Roll) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related