Dime Savings Bank v. Perlucci, No. Cv 96-0151353 S (Dec. 29, 2000)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION CT Page 16315

The plaintiff initiated a foreclosure action against the defendants. The defendants counterclaimed contending that the plaintiff, at some point subsequent to the signing of the note and mortgage, had failed to comply with a workout agreement reached by the parties. The defendant claimed the case to the jury trial list. The plaintiff filed the subject motion, a Motion to Strike from the Jury List, claiming that since equitable actions cannot be tried to a jury, the counterclaim…