Demand for Jury Trial in New York

What Is a Demand for Jury Trial?

Background

“Historically, the right to a trial by jury in this state has been constitutionally guaranteed.” (Murphy v. Am. Home Prod. Corp., 136 A.D.2d 229, 231 [1st Dept. 1988].) “[I]ssues of fact shall be tried by a jury unless a jury trial is waived.” (Civ. Prac. Law & Rules, § 4101.)

How to Structure the Motion

“Any party may demand a trial by jury of any issue of fact triable of right by a jury, by serving upon all other parties and filing a note of issue containing a demand for trial by jury.” (Civ. Prac. Law & Rules, § 4102(a).) “A demand shall not be accepted for filing unless a note of issue is filed in the action.” (Id.) “If no party shall demand a trial by jury… the right to trial by jury shall be deemed waived by all parties.” (Id.)

In the demand for trial by jury, “a party may specify the issues which he wishes tried by jury; otherwise he shall be deemed to have demanded trial by jury of all issues so triable.” (Civ. Prac. Law & Rules, § 4102(b).)

The Court’s Decision

Because it is a constitutionally protected right, “[t]he right to a jury trial ‘is zealously protected and yields only to the most compelling circumstances.’” (Arrow Commc’n Labs., Inc. v. Pico Prod., Inc., 219 A.D.2d 859, 859-60 [4th Dept. 1995].) The question of whether the constitutionally guaranteed right to a jury trial is protected, or whether it is waived, “depends on whether the ‘underlying claims set forth in the complaint are legal rather than equitable in nature.’” (Id.)

In determining whether there is a right to a jury trial in an action, the issue to be examined is whether the primary character of the case is equitable or legal. (Marko v. Korf, 166 A.D.3d 545 [1st Dept. 2018].) A party will not be entitled to a jury trial where the thrust of the action is for equitable rather than legal relief. (Trepuk v. Frank, 104 A.D.2d 780 [1st Dept. 1984].) “[T]he right to a jury trial is to be determined by the facts alleged in the complaint and not by the prayer for relief.” (Lillianfeld v. Lichtenstein, 181 Misc. 2d 571, 572 [Sup. Ct. 1999].)

When a pleading includes claims or counterclaims that could be considered both ‘legal’ and ‘equitable,’ New York courts warn against “elevat[ing] form over substance.” (John W. Cowper Co. v. Buffalo Hotel Dev. Venture, 99 A.D.2d 19, 22 [4th Dept. 1984].) Thus, “[a] jury trial is not waived merely by the inclusion of a claim for equitable relief.” (Lipson v. Dime Sav. Bank of N.Y., FSB, 203 A.D.2d 161, 163 [1st Dept. 1994].) A plaintiff maintains its fundamental right to a jury if its equitable claims are incidental to its legal claims. (Schlick v. American Bus. Press, Inc., 246 A.D.2d 450, 450 [1st Dept. 1998].) To determine whether equitable claims are incidental, courts analyze “where, when viewed in its entirety, the primary character of the case is legal or equitable.” (Cadwalader Wickersham & Taft v. Spinale, 177 A.D.2d 315, 316 [1st Dept. 1991].)

Timeline

“Any party served with a note of issue not containing [a demand for trial by jury] may demand a trial by jury by serving upon each party a demand for trial by jury and filing such demand in the office where the note of issue was filed within fifteen days after service of the note of issue.” (Civ. Prac. Law & Rules, § 4102(a).)

Documents for Demand for Jury Trial in New York

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Tarik D. Tosun, Elissa Wolf v. Two Trees Management Co. Llc document preview

SUMMONS + COMPLAINT

12 pages

FILED: KINGS COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 510708/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS TARIK D. TOSUN and ELISSA WOLF, Index No.: individually and on behalf of all others similarly situated, …

Case Name Tarik D. Tosun, Elissa Wolf v. Two Trees Management Co. Llc