Mulder v. Donaldson, Lufkin Jenrette

Full title: JOSEPH M. MULDER, Appellant, v. DONALDSON, LUFKIN JENRETTE, Respondent

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

Date published: May 4, 1999

261 A.D.2d 134 (N.Y. App. Div. 1999)

689 N.Y.S.2d 470

Opinion

May 4, 1999

Appeal from the Supreme Court, New York County (Barry Cozier, J.).

Inasmuch as the money damages that defendant seeks in some of its counterclaims will not protect it from plaintiff's continued use of allegedly confidential information and documents, it is clear that the thrust of defendant's counterclaims, the only claims remaining to be litigated, is equitable in nature, and thus plaintiff is not entitled to a jury trial (see, Downtown Art Co. v. Zimmerman, 227 A.D.2d 226).

Concur — Tom, J. P., Wallach, Lerner and Rubin, JJ.