In this action seeking to impose a constructive trust on real property, plaintiff demanded a jury. Defendant moved to strike that demand alleging that the action was solely equitable in nature. On May 6, 1982, that motion was denied by Mr. Justice Klein in a decision in which he held that inasmuch as the complaint contained causes of action which were both legal and equitable in nature, plaintiff was entitled to a jury trial.
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KIRSCHNER v. GREENFIELD
124 Misc.2d 1017 (1984)
Marilyn Kirschner, as Executrix of Harry Schwartz, Deceased, Plaintiff, v. Julia Greenfield, Defendant.
Supreme Court, Trial Term, New York County.https://leagle.com/images/logo.png
July 13, 1984
July 13, 1984
Attorney(s) appearing for the Case
Supreme Court, Trial Term, New York County.
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