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BRESSLER v. KALOW

13 A.D.3d 70 (2004)

785 N.Y.S.2d 328

KENNETH BRESSLER, Respondent, v. DAVID A. KALOW et al., Appellants.

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

December 2, 2004.

Plaintiff's claims are primarily legal in nature, affording him the opportunity for full relief by means of a monetary award under the facts as alleged (see Cadwalader Wickersham & Taft v Spinale, 177 A.D.2d 315 [1991]). Since plaintiff pursued an accounting merely to determine the amount of such damages, the initial joinder of prayers for legal and equitable relief did not constitute a waiver of the right to a jury trial in...

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