Moyal Ex Rel. Group IX, Inc. v. Sleppin

Order, Supreme Court, New York County (Eileen Bransten, J.), entered November 5, 2015, which denied defendants’ motion to strike plaintiff’s demand for a jury trial and for their equitable defenses to be tried by the court, and denied plaintiff’s cross motion seeking recusal of Justice Bransten, unanimously modified, on the law, defendants’ motion granted in its entirety, and otherwise affirmed, without costs.

Supreme Court erred in finding that plaintiff in this shareholders’ derivative action was entitled to a jury trial, since the claims brought in his capacity as a shareholder were…