Citizens Central Bank v. Fisher

—Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: On the eve of trial, plaintiff brought a motion to strike defendant’s demand for a jury trial. Finding that all of defendant’s defenses were equitable in nature, the court granted the motion. Insofar as the order denied the request for a jury trial on the first affirmative defense, the court erred.

Defendant and her son operate a family farm. The lawsuit arises out of a promissory note and guarantee which were executed by defendant in contemplation of a larger,…