Cilwick v. Camelo

Appeal from an order of the Supreme Court at Special Term, entered June 11, 1976 in Albany County, which denied plaintiffs’ motion to strike defendants’ demand for a jury trial. Plaintiffs’ complaint states two causes of action. The first alleges a prescriptive easement over a portion of defendants’ property and the second alleges a breach of a written agreement to share a common driveway. Clearly, the second cause of action is legal in nature. Therefore, even if the first action were to be considered equitable in nature, the joinder of an equitable action with a legal one cannot deprive the…