KINDMAN & CO. v. STOLLAR


142 Misc.2d 603 (1989)

Jerry Kindman & Co., P. C., Plaintiff, v. Ira Stollar, Defendant.

Supreme Court, New York County.

February 7, 1989


Attorney(s) appearing for the Case

Lilly Sullivan Purcell Barkan & Junge, P. C., for defendant. Jacques L. Debrot & Assoc., P. C., for plaintiff.


DAVID B. SAXE, J.

This motion raises the question of whether a defendant is entitled to demand a jury, where three causes of action seek injunctive relief only, and a fourth, related cause of action, seeks money damages.

CPLR 4101 (1) provides for a right to a jury trial where the facts would "permit a judgment for a sum of money only". The plaintiff relies on this provision, arguing that a "judgment

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