On this appeal, plaintiff contends that Supreme Court erred in striking his demand for a jury trial. We agree. In determining whether a plaintiff is entitled to a jury trial, the relevant inquiry is whether the overall nature and character of the action is equitable or legal in nature (see, e.g., Cadwalader Wickersham & Taft v Spinale,
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.