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SECURITY PACIFIC NATL. BANK v. EVANS

3360, 22899/92.

148 A.D.3d 465 (2017)

2017 NY Slip Op 01792

49 N.Y.S.3d 122

SECURITY PACIFIC NATIONAL BANK, Respondent, v. TRACIE EVANS, Appellant, et al., Defendants.

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

Decided March 9, 2017.

The motion court properly determined that defendant has no right to a jury trial on the triable issues identified by this Court on a prior appeal (62 A.D.3d 512, 514 [1st Dept 2009]). Since both parties sought equitable relief — that is, specific performance of their settlement agreement or injunctive relief — defendant is not entitled to a jury trial (see Anesthesia Assoc. of Mount Kisco, LLP v Northern Westchester Hosp...

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