Practice point: If the primary nature of a case is equitable and plaintiff's claimed damages are merely incidental thereto, there is no right to a jury trial, pursuant to CPLR 4101.
Practitioners should note that a counterclaim, even with a demand for damages, also is equitable in nature if it relates directly to the injunctive relief sought by plaintiff’s complaint.
Case: Ingenuit, Ltd. v. Harriff, NY Slip Op 08456 (2d Dept. 2008)
The opinion is here.
