Pasqua v. Pasqua

212 A.D.2d 356, 622 N.Y.S.2d 34

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 2, 1995
• Status: Published

Opinion

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered September 9, 1994, which granted plaintiffs motion to withdraw her demand for jury trial or to treat such demand as a nullity, unanimously affirmed, without costs.

There is no right to a jury trial here, the essence of plaintiffs action and defendant’s counterclaims involving their respective rights to the corpus of a trust being equitable in nature (see, Magill v Dutchess Bank & Trust Co., 150 AD2d 531, 531-532), and defendant’s incidental request for money damages does not require otherwise (see, Homburger v Levitin, 140 AD2d 583, 584, lv denied 73 NY2d 701). Concur—Sullivan, J. P., Ellerin, Ross, Asch and Williams, JJ.