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MILLER v. EPSTEIN

293 A.D.2d 282 (2002)

742 N.Y.S.2d 191

ROGER MILLER et al., Appellants, v. RHONDA EPSTEIN et al., Plaintiffs, and WILLIAM R. DONIGER et al., Respondents. ROGER MILLER et al., Respondents, et al., Plaintiffs, v. WILLIAM R. DONIGER et al., Appellants.

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

Decided April 4, 2002.

The trial court properly denied defendants' in limine motion to strike the jury demand, since plaintiffs' claims were primarily legal in nature and plaintiffs, under the facts alleged, could obtain full relief by means of a monetary award (see, Cadwalader Wickersham & Taft v Spinale, 177 A.D.2d 315, 316). We note in this connection that fraudulent conveyance claims which seek monetary damages only are legal in nature (see...

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