Federman v. Berger

Order entered on February 10, 1961 granting reargument and on reargument granting defendants’ motion for a trial by jury, unanimously reversed, on the law, and the motion denied, without costs. We conclude that the first and third causes of action are in law and would ordinarily give the defendant a right to a trial by jury on the issues raised thereunder. However, we find that such right was waived by the interposition of equitable counterclaims. These counterclaims are independent of, and seek relief, beyond that encompassed by the complaint. They are, therefore, more than counterclaims “in…