Pac Fung Feather Co. v. Porthault NA LLC

Appellate Division of the Supreme Court of New York

Pac Fung Feather Co. v. Porthault NA LLC

118 A.D.3d 472, 987 N.Y.S.2d 379

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 2014·Published

Opinion

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about December 12, 2013, which denied plaintiffs motion to strike defendant’s jury demand, unanimously affirmed, without costs.

Defendant did not waive its right to a jury by seeking, in a third-party action, the equitable remedy of disgorgement since its claims in the third-party action are primarily legal in nature and monetary damages would afford a full and complete remedy (see Cadwalader Wickersham & Taft v Spinale, 177 AD2d 315, 316 [1st Dept 1991]; see also Le Bel v Donovan, 96 AD3d 415 [1st Dept 2012]).

Concur—Gonzalez, EJ., Sweeny, Moskowitz and Freedman, JJ.

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Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about December 12, 2013, which denied plaintiffs motion to strike defendant’s jury demand, unanimously affirmed, without costs.

Defendant did not waive its right to a jury by seeking, in a third-party action, the equitable remedy of disgorgement since its claims in the third-party action are primarily legal in nature and monetary damages would afford a full and complete remedy (see Cadwalader Wickersham & Taft v Spinale, 177 AD2d 315, 316 [1st Dept 1991]; see also Le Bel v Donovan, 96 AD3d 415 [1st Dept 2012]).

Concur—Gonzalez, EJ., Sweeny, Moskowitz and Freedman, JJ.

Pac Fung Feather Co. v. Porthault NA LLC, 118 A.D.3d 472, 987 N.Y.S.2d 379 (N.Y. Ct. App. 2014).

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118 A.D.3d 472 (Pac Fung Feather Co. v. Porthault NA LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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