LEX TENANTS CORP. v. GRAMERCY NORTH ASSOCIATES


284 A.D.2d 278 (2001)

726 N.Y.S.2d 852

LEX TENANTS CORP., Respondent, v. GRAMERCY NORTH ASSOCIATES et al., Appellants. (And a Third-Party Action.)

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

Decided June 28, 2001.


The motion court correctly held that the primary character of the first 14 causes of action in the original complaint, all of which related only to the offering plan, was legal in nature, notwithstanding that two of these causes of action originally demanded an accounting. The so-called accountings were sought not for purposes of equity but merely to determine the amount of money damages necessary to fully compensate plaintiff, and, accordingly, did not result in a waiver...

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