BEHRINS & BEHRINS, P.C. v. CHAN


15 A.D.3d 515 (2005)

791 N.Y.S.2d 566

BEHRINS & BEHRINS, P.C., Respondent, v. PAMELA CHAN, Appellant. (Action No. 1.) PAMELA CHAN, Appellant, v. BEHRINS & BEHRINS, P.C., Respondent. (Action No. 2.)

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

February 22, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the demands for a jury trial are reinstated.

It is undisputed that the two actions involved in this matter are both actions at law seeking money judgments only. Thus, the appellant is entitled to a jury trial in both actions and the Supreme Court should not have stricken her demands therefor (see Mercy Community Hosp. v Cannon Design, 235 A.D.2d 405

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