From Casetext: Smarter Legal Research

Compact Electra Corp. v. Connell

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 1974
46 A.D.2d 649 (N.Y. App. Div. 1974)

Opinion

October 7, 1974


Appeal from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts (by permission of that court), dated January 30, 1974, which affirmed an order of the Civil Court of the City of New York, County of Kings, entered August 17, 1973, granting plaintiff's motion to strike defendant's demand for a jury trial. Order of the Appellate Term affirmed, without costs. A jury trial was properly denied in this case upon the ground that the defendant pleaded equitable defenses and counterclaims arising out of the same transaction pleaded in the complaint. Pleading such equitable matter is sufficient under CPLR 4101 and 4102 (subd. [c]) to waive a jury trial. Under the circumstances, we do not reach the question of whether the alleged waiver of the jury trial in the contract was valid. Hopkins, Acting P.J., Martuscello, Latham, Shapiro and Christ, JJ., concur.


Summaries of

Compact Electra Corp. v. Connell

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 1974
46 A.D.2d 649 (N.Y. App. Div. 1974)
Case details for

Compact Electra Corp. v. Connell

Case Details

Full title:COMPACT ELECTRA CORP., Respondent, v. GRACE CONNELL, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 7, 1974

Citations

46 A.D.2d 649 (N.Y. App. Div. 1974)

Citing Cases

STP Assocs. LLC v. Drasser

STP also seeks an order striking respondent, Rappaport's jury demand. Since the respondent has pleaded…

Seneca v. Novaro

Novaro's defense and counterclaim is therefore equitable in nature, and not triable by a jury (see CPLR…