Legal Opinion
Haber v. Cohen
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 2010PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for negligence and trespass, the defendants appeal from so much of an order of the Supreme Court, Kings County (Kurtz, J.), dated October 21, 2009, as granted the plaintiffs’ motion to strike their demand for a trial by jury.
Ordered that the order is affirmed insofar as appealed from, with costs.
The facts of this case are set forth in the companion appeal (see Haber v Cohen, 74 AD3d 1281 [2010] [decided herewith]).
The Supreme Court properly determined that the defendants waived their right to a trial by jury by including counterclaims for equitable…
2Cases cited8 opinions
- Anesthesia Associates v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2009
- Whipple v. Trail Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Mirasola v. GilmanAppellate Division of the Supreme Court of the State of New York · 1984
- Adelstein v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- City of New York v. PhilipsAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by2 opinions
- Conwell Props., Inc. v. DAG Rte. Six, LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Grand Pacific Finance Corp. v. 97-111 Hale, LLCAppellate Division of the Supreme Court of the State of New York · 2014