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

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

DecidedJune 10, 2014

StatusPublished

This text of 118 A.D.3d 472 (Pac Fung Feather Co. v. Porthault NA LLC) 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

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

Pincite

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.

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Bluebook (online)

118 A.D.3d 472, 987 N.Y.S.2d 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pac-fung-feather-co-v-porthault-na-llc-nyappdiv-2014.

Opinion

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