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OSSORY TRADING v. GELDERMANN, INC.

200 A.D.2d 423 (1994)

606 N.Y.S.2d 221

Ossory Trading, S. A., Respondent, v. Geldermann, Inc., Appellant. (And a Third-Party Action.)

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

January 11, 1994

Although the right to a jury trial is waived by joining legal and equitable causes of action arising out of the same alleged wrong (New Jersey Steel Acquisition Corp. v Von Roll, AG., 188 A.D.2d 279), nevertheless, where, as here, monetary damages would afford a full and complete remedy, the action is one at law, and the plaintiff did not waive the right to jury trial merely by inclusion of a demand for equitable relief (Cadwalader...

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