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MARCUS v. FABRIKANT

81 A.D.2d 527 (1981)

Robert L. Marcus et al., Respondents, v. William Fabrikant, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 16, 1981

The plaintiffs sought, inter alia, an accounting for defendant Fabrikant's breach of the limited partnership agreement, as amended. The monetary damages sought by the plaintiffs were only incidental to the accounting. Since the chief thrust of this action is for equitable rather than legal relief, defendant was not entitled to a jury trial on the Weiner claim (CPLR 4101, subd 1; Epstein v Paganne, Ltd., 39 A.D.2d 855; Hubbard...

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