Plaintiffs' complaint states two causes of action. The first alleges a prescriptive easement over a portion of defendants' property and the second alleges a breach of a written agreement to share a common driveway. Clearly, the second cause of action is legal in nature. Therefore, even if the first action were to be considered equitable in nature, the joinder of an equitable action with a legal one cannot deprive the defendant of the right of a trial by jury (City of Syracuse...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
