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MOYAL v. SLEPPIN

1274, 601973/07.

139 A.D.3d 605 (2016)

33 N.Y.S.3d 27

2016 NY Slip Op 04107

DAVID MOYAL, Derivatively on Behalf of GROUP IX, INC., Respondent-Appellant, v. STU SLEPPIN et al., Appellants-Respondents.

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

Decided May 26, 2016.

Supreme Court erred in finding that plaintiff in this shareholders' derivative action was entitled to a jury trial, since the claims brought in his capacity as a shareholder were "derivative and therefore equitable in nature" (Sakow v 633 Seafood Rest., Inc. 25 A.D.3d 418, 419 [1st Dept 2006], lv denied 7 N.Y.3d 701 [2006]; Horizon Asset Mgt., LLC v Duffy, 106 A.D.3d 594, 595 [1st...

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