Willis re Inc. v. Hudson

1 Citing case

  1. Klein v. Loeb Holding Core

    24 Misc. 3d 899 (N.Y. App. Div. 2009)   Cited 5 times
    In Klein, because the plaintiff's alter ego claims "primarily and exclusively" sought "a factual determination that [the judgment debtor's alter ego] was responsible for a specified sum of money owed to him," the court held that the plaintiff had stated a claim that "would permit a judgment for a sum of money only," which is triable by jury.

    So, for example, in Giammalvo v 2170-2178 Broadway ( 293 AD2d 390 [1st Dept 2002]), the court affirmed a decision to strike plaintiffs jury demand as "[m]ost of the relief sought in plaintiffs' original complaint is equitable in nature." Similarly, in Willis Re Inc. v Hudson ( 2005 NY Slip Op 30025[U]), the Supreme Court struck a jury demand as having been waived by the plaintiffs initial request for injunctive relief, clearly equitable, even after that claim had been withdrawn. As that court pointed out, such a determination involving a motion to strike a jury demand must include a determination of "the primary character of the case" ( id. at *3, citing Downtown Art Co. v Zimmerman, 227 AD2d 226 [1st Dept 1996]).