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AROCH v. 391 BROADWAY LLC

Index No. 158856/17. Appeal No. 15641. Case No. 2021-04662.

203 A.D.3d 642 (2022)

163 N.Y.S.3d 406

2022 NY Slip Op 02187

Guy Aroch, Appellant, v. 391 Broadway LLC et al., Respondents.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Abraham PLLC, New York ( Joshua E. Abraham of counsel), for appellant.

Rivkin Radler LLP, New York ( Kenneth A. Novikoff of counsel), for respondents.

Concur—Renwick, J.P., Gesmer, Singh, Rodriguez, JJ.

The court properly struck plaintiff's jury demand, as it is undisputed that plaintiff's claim for foreclosure on a vendee's lien is an equitable claim (Honua Fifth Ave. LLC v 400 Fifth Realty LLC, 111 A.D.3d 579, 580 [1st Dept 2013]), and a review of the complaint reveals that the case sounds in equity (see Kaplan v Long Is. Univ., 116 A.D.2d 508, 509 [1st Dept 1986]). When, as here, the...

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