Seneca v. Novaro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover a debt due upon a written agreement, plaintiff appeals from an order of the Supreme Court, Richmond County, dated October 20, 1980, which denied his motion to strike the defendant’s demand for a jury trial and to restore the action to the Nonjury Calendar. Order reversed, *910with $50 costs and disbursements, and motion granted. The character of a defense and counterclaim is controlled by the substance of the facts alleged, and not solely by its prayer for relief (Wainwright & Page v Burr & McAuley, 272 NY 130; Auerbach v Chase Nat. Bank of City ofN. Y., 251 App Div 543).…
2Cases cited6 opinions
- Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
- Wainwright & Page, Inc. v. Burr & McAuley, Inc.New York Court of Appeals · 1936
- Kono v. RoethAppellate Division of the Supreme Court of the State of New York · 1932
- Auerbach v. Chase National BankAppellate Division of the Supreme Court of the State of New York · 1937
- Darlagiannis v. DarlagiannisAppellate Division of the Supreme Court of the State of New York · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hudson View II Associates v. GoodenAppellate Division of the Supreme Court of the State of New York · 1996
- Crossroads Apartments Associates v. LeBooRochester City Court · 1991
- Goldberg v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1991
- Koppel v. Wien, Lane & MalkinAppellate Division of the Supreme Court of the State of New York · 1986
- Scott v. WoodsNew Mexico Court of Appeals · 1986
13 more not listed; retrieve them via the Exa API.