Opinion
May 11, 2000.
Order, Supreme Court, New York County (Lewis FRIEDMAN, J.), entered on or about December 5, 1997, which granted plaintiff's motion to strike defendant's jury demand except as to the fourth cause of action and seventh counterclaim, unanimously affirmed, with costs.
Thomas J. Kavaler, for plaintiff-respondent.
Jon Paul Robbins, for defendant-appellant.
NARDELLI, J.P., TOM, MAZZARELLI, WALLACH, ANDRIAS, JJ.
Despite its inclusion of a demand for damages, the instant complaint seeks relief primarily equitable in nature, its principal objectives being the removal of defendant as managing partner of the parties' partnership and the dissolution of such partnership. The parties' respective demands for damages, being little more than incidental to the predominant, equitable purposes of the litigation, the IAS court properly granted plaintiff's motion (see, Mulder v. Donaldson, Lufkin Jenrette, 261 A.D.2d 134, 135; Kurzner v. Sutton Owners Corp., 245 A.D.2d 101;Phoenix Garden Rest., Inc. v. Chu, 234 A.D.2d 233, 234).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.