Narrative Opinion Summary
The Order from the Supreme Court of New York County, issued by Justice Beatrice Shainswit on September 25, 1994, unanimously affirms the defendants' motion to strike the plaintiffs' jury demand without costs. The plaintiff has waived the right to a jury trial by including a claim for equitable relief that is not merely incidental to his legal claims, referencing case law (Cadwalader Wickersham Taft v. Spinale, 177 AD2d 315; Zimmer-Masiello, Inc. v. Zimmer, Inc. 164 AD2d 845). The employment agreement in question involves the plaintiff's inclusion in partnerships designed to provide tax shelters for certain compensation amounts. While the contract allows for monetary damages if these tax shelters are unavailable to the plaintiff, the primary relief sought is equitable in nature, necessitating the court to order specific performance to enable the plaintiff to access these tax benefits. The decision is concurred by Justices Ellerin, Rubin, Ross, Nardelli, and Tom.
Legal Issues Addressed
Equitable Relief and Specific Performance in Contract Disputessubscribe to see similar legal issues
Application: The court determined that the primary relief sought was equitable, requiring specific performance to provide the plaintiff access to tax benefits, which supersedes the request for monetary damages.
Reasoning: While the contract allows for monetary damages if these tax shelters are unavailable to the plaintiff, the primary relief sought is equitable in nature, necessitating the court to order specific performance to enable the plaintiff to access these tax benefits.
Waiver of Jury Trial by Seeking Equitable Reliefsubscribe to see similar legal issues
Application: The plaintiff waived the right to a jury trial by seeking equitable relief as the main remedy, which is not merely incidental to legal claims.
Reasoning: The plaintiff has waived the right to a jury trial by including a claim for equitable relief that is not merely incidental to his legal claims, referencing case law (Cadwalader Wickersham Taft v. Spinale, 177 AD2d 315; Zimmer-Masiello, Inc. v. Zimmer, Inc. 164 AD2d 845).