The fact that the plaintiff is seeking money damages does not, in and of itself, guarantee entitlement to a jury trial. When the complaint either joins legal and equitable causes of action arising out of the same alleged wrong or seeks both legal and equitable relief, the plaintiff waives the right to a jury trial. Where the note of issue characterizes the action as sounding in equity, the plaintiff waives his right to a jury trial.
Aroch v. 391 Broadway LLC, NY Slip Op 02187 (1st Dep't March 31, 2022)
