MULDER v. DONALDSON


261 A.D.2d 134 (1999)

689 N.Y.S.2d 470

JOSEPH M. MULDER, Appellant, v. DONALDSON, LUFKIN & JENRETTE, Respondent.

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

Decided May 4, 1999.


Inasmuch as the money damages that defendant seeks in some of its counterclaims will not protect it from plaintiff's continued use of allegedly confidential information and documents, it is clear that the thrust of defendant's counterclaims, the only claims remaining to be litigated, is equitable in nature, and thus plaintiff is not entitled to a jury trial (see, Downtown Art Co. v Zimmerman, 227 A.D.2d 226

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