FORREST v. FUCHS


126 Misc.2d 8 (1984)

Kenneth Forrest, Plaintiff, v. Spencer Fuchs et al., Defendants.

Supreme Court, Special Term, Nassau County.

October 9, 1984


Attorney(s) appearing for the Case

Marvin Usdin for plaintiff. Sperry, Weinberg, Wels, Waldman & Rubenstein for defendants.


ELI WAGER, J.

In an action on a contract, is a plaintiff who has joined legal and equitable claims entitled to a jury trial of counterclaims seeking recovery of overpayments allegedly made pursuant to the same contract? This is the issue raised on this motion by defendants for an order striking the plaintiff's jury demand.

In his first two causes of action, plaintiff seeks money damages, in the third he seeks an accounting and in the fourth he...

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