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PASQUA v. PASQUA

212 A.D.2d 356 (1995)

622 N.Y.S.2d 34

Phyllis Pasqua, Respondent, v. Grace Pasqua, Appellant. (Action No. 1.) Grace Daniel Realty Corp. et al., Appellants, v. Phyllis Pasqua, Individually and as Trustee of a Trust Created by Daniel Pasqua, Deceased, et al., Respondents, et al., Defendants. (Action No. 2.)

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

February 2, 1995

There is no right to a jury trial here, the essence of plaintiff's action and defendant's counterclaims involving their respective rights to the corpus of a trust being equitable in nature (see, Magill v Dutchess Bank & Trust Co., 150 A.D.2d 531, 531-532), and defendant's incidental request for money damages does not require otherwise (see, Homburger v Levitin...

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