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.