Claims seeking only money damages under the quasi-contractual theory of quantum meruit are actions at law, and, as such, the parties are entitled to a trial by jury. Defendant did not waive a jury trial, but, instead, filed his jury demand within fifteen days after service of the note of issue, and more than a year before the purported attorney fee hearing, pursuant to CPLR 4102[a]. Defendant did not lose his right to a jury trial when the motion and cross-motion for summary judgment were decided against him. Supreme Court erred by conducting a bench trial on damages.
Hilton Wiener LLC v. Zenk, NY Slip Op 02595 (1st Dep't May 9, 2024)
