Chauvin v. Keniry

Appeal from a judgment of the Supreme Court (Monserrate, J.), entered December 16, 1993 in Saratoga County, upon a decision of the court in favor of plaintiff.

On this appeal, plaintiff contends that Supreme Court erred in striking his demand for a jury trial. We agree. In determining whether a plaintiff is entitled to a jury trial, the relevant inquiry is whether the overall nature and character of the action is equitable or legal in nature (see, e.g., Cadwalader Wickersham & Taft v Spinale, 177 AD2d 315, 316; Murphy v American Home Prods. Corp., 136 AD2d 229, 232). Our review of the record…