Legal Opinion
Ossory Trading v. Geldermann, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 1994PublishedCited by 7 opinions
1Opinion of the Court
— Order, Supreme Court, New York County (Carmen Beau-champ Ciparick, J.), entered on or about August 23, 1993, which, inter alia, granted the motion by plaintiff pursuant to CPLR 4102 (e) for leave to file, nunc pro tunc, a demand for trial by jury, unanimously affirmed, without costs.
Although the right to a jury trial is waived by joining legal and equitable causes of action arising out of the same alleged wrong (New Jersey Steel Acquisition Corp. v Von Roll, AG., 188 AD2d 279), nevertheless, where, as here, monetary damages would afford a full and complete remedy, the action is one at law,…
2Cases cited4 opinions
- Cadwalader Wickersham & Taft v. SpinaleAppellate Division of the Supreme Court of the State of New York · 1991
- Lane v. MarshallAppellate Division of the Supreme Court of the State of New York · 1982
- Douglas A. Edwards, Inc. v. LaxAppellate Division of the Supreme Court of the State of New York · 1981
- New Jersey Steel Acquisition Corp. v. RollAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by7 opinions
- Med Part v. Kingsbridge Heights Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Breezy Point Cooperative, Inc. v. YoungAppellate Division of the Supreme Court of the State of New York · 1996
- Roberts v. 156 East 79th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Tanger v. FerrerAppellate Division of the Supreme Court of the State of New York · 2012
- Rivera v. SerrataNew York Supreme Court · 2008
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