-
—Order, Supreme Court,
*135 New York County (Barry Cozier, J.), entered October 15, 1998, which granted defendant’s motion to strike plaintiffs jury demand, unanimously affirmed, without costs.Inasmuch as the money damages that defendant seeks in some of its counterclaims will not protect it from plaintiffs 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 AD2d 226). Concur — Tom, J. P., Wallach, Lemer and Rubin, JJ.
Document Info
Citation Numbers: 261 A.D.2d 134, 689 N.Y.S.2d 470
Filed Date: 5/4/1999
Precedential Status: Precedential
Modified Date: 1/13/2022