NATIONSCREDIT FINANCIAL SERVICES CORPORATION v. TURCIOS


55 A.D.3d 806 (2008)

865 N.Y.S.2d 556

NATIONSCREDIT FINANCIAL SERVICES CORPORATION, as Successor in Interest to EQUICREDIT CORPORATION OF NY, Appellant, v. LUIS A. TURCIOS et al., Respondents, et al., Defendants.

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

October 21, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The Supreme Court improperly denied the plaintiff's motion to strike a jury demand filed by the defendant mortgagors Luis A. Turcios and Aurora Velasquez (hereinafter the defendants). Where, as here, a defendant interposes a counterclaim of an equitable nature related to a cause of action asserted in the complaint, the defendant thereby waives a jury trial on all causes of action...

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