Kirschner v. Greenfield

OPINION OF THE COURT

Ira Gammerman, J.

In this action seeking to impose a constructive trust on real property, plaintiff demanded a jury. Defendant moved to strike that demand alleging that the action was solely equitable in nature. On May 6, 1982, that motion was denied by Mr. Justice Klein in a decision in which he held that inasmuch as the complaint contained causes of action which were both legal and equitable in nature, plaintiff was entitled to a jury trial.* It is not clear from Mr. Justice Klein’s decision whether he meant that the plaintiff was entitled to a jury trial on all issues…