Legal Opinion
Forrest v. Fuchs
New York Supreme Court
Decided October 9, 1984PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Eli Wager, J.
In an action on a contract, is a plaintiff who has joined legal and equitable claims entitled to a jury trial of counterclaims seeking recovery of overpayments allegedly made pursuant to the same contract? This is the issue raised on this motion by defendants for an order striking the plaintiff’s jury demand.
In his first two causes of action, plaintiff seeks money damages, in the third he seeks an accounting and in the fourth he seeks reformation. All four causes of action relate to one agreement, a copy of which has not been furnished the court. From a…
2Cases cited38 opinions
- Airco Alloys Division v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Roberts v. . ElyNew York Court of Appeals · 1889
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
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3Cited by4 opinions
- Hassett v. Bancohio National Bank (In Re CIS Corp.)District Court, S.D. New York · 1994
- Richardson Greenshields Securities, Inc. v. Mui-Hin LauDistrict Court, S.D. New York · 1988
- Onanuga v. Pfizer, Inc.District Court, S.D. New York · 2005
- Williamson v. StalloneNew York Supreme Court · 2010