Atlas Aircraft Products Corp. v. Great American Dies & Metal Works, Inc.

Motion by plaintiff and impleaded defendant to strike case from jury calendar. Plaintiff brought the action in replevin to recover certain machinery. In the answer defendants set forth three defenses and counterclaims. Affirmative relief is sought in all three such defenses and counterclaims. In the first, legal relief is asked for; in the second, equitable relief; and in the third, legal and equitable relief. It has been held that where a plaintiff in one complaint seeks legal and equitable relief the right to a jury trial is waived. (DiMenna v. Cooper & Evans Co., 220 N. Y. 391; Carroll v.…