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

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

DecidedDecember 1, 1992

StatusPublished

Cited by1 cases

This text of 188 A.D.2d 279 (New Jersey Steel Acquisition Corp. v. Roll) 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

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).

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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.

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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.

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Bluebook (online)

188 A.D.2d 279, 590 N.Y.S.2d 719, 1992 N.Y. App. Div. LEXIS 13520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-steel-acquisition-corp-v-roll-nyappdiv-1992.

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