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PAC FUNG FEATHER CO. LTD. v. PORTHAULT NA LLC

12704, 600865/10, 590549/10.

118 A.D.3d 472 (2014)

987 N.Y.S.2d 379

2014 NY Slip Op 4125

PAC FUNG FEATHER CO. LTD., Appellant, v. PORTHAULT NA LLC, Respondent. (And a Third-Party Action.)

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

Decided June 10, 2014.

Defendant did not waive its right to a jury by seeking, in a third-party action, the equitable remedy of disgorgement since its claims in the third-party action are primarily legal in nature and monetary damages would afford a full and complete remedy (see Cadwalader Wickersham & Taft v Spinale, 177 A.D.2d 315, 316 [1st Dept 1991]; see also Le Bel v Donovan, 96 A.D.3d 415 [1st...

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