Downtown Art Co. v. Zimmerman

Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about February 5, 1996, which granted plaintiff’s motion to strike defendant’s jury demand, unanimously affirmed, with costs.

Aside from its contract claims, the main relief plaintiff seeks is an injunction against defendant’s continuing her use of the Soho Booking name and logo. Defendant initially asserted a counterclaim for similar relief as against plaintiff, but withdrew it without prejudice. The IAS Court correctly held that "the primary character of the case” is equitable (Cadwalader Wickersham & Taft v Spinale, 177…