HUDSON VIEW ASSOCS. v. GOODEN


222 A.D.2d 163 (1996)

644 N.Y.S.2d 512

Hudson View II Associates et al., Appellants, v. Wilfred G. Gooden et al., Respondents, et al., Defendants Hudson View II Associates et al., Appellants, v. Wilfred G. Gooden et al., Respondents, et al., Defendants

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

June 25, 1996


Attorney(s) appearing for the Case

Kenneth G. Roberts and Carren Shulman of counsel (Lowenthal, Landau, Fischer & Bring, P. C., attorneys), for appellants.

Phillip D. Miller for respondents.

ROSENBERGER, J. P., WILLIAMS, TOM and MAZZARELLI, JJ., concur.


ELLERIN, J.

The issue before us is the import of equitable defenses and/or counterclaims on defendants' right to a jury trial on plaintiffs' legal claims.

Plaintiffs are limited partnerships that own two Section 8 housing projects. They commenced this action to recover damages arising out of the alleged mismanagement of those buildings by defendants based on claims, inter alia, of breach of contract...

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