Martell & Sons, Inc. v. Friedman

Petitioner (plaintiff) commenced this action in the trial court as an action at law on a complaint for breach of a series of construction contracts, demanding trial by jury. After several amendments to the complaint and a request by plaintiff to alter the amounts allegedly due and owing, the trial court, on defendant’s motion, *1024struck the demand for jury trial,1 and assigned the case to a special master. The reason advanced here by respondents as justification for denying plaintiff a jury trial is that the issues raised were sufficiently complex to warrant an equity accounting.

Respondents…