Equitable Relief Sought for the Purpose of Determining a Money Judgment—Plaintiffs Entitled to Jury Trial

In an action involving former partners, plaintiffs sought an accounting, a declaration of defendant’s share in the business, and money judgments for breach of contract and unjust enrichment. The Third Department determined Supreme Court properly held plaintiffs are entitled to a jury trial. The inquiry is whether the primary character of the case is legal or equitable.  Here the primary character was the seeking of a monetary judgment:

… [W]e agree with Supreme Court that plaintiffs are entitled to a jury trial. In determining whether a party is entitled to a jury trial, “the relevant inquiry ‘is not whether an equitable counterclaim exists but whether, when viewed in its entirety, the primary character of the case is legal or equitable'” … . Here, plaintiffs seek equitable relief — an accounting of defendant’s share of Medical Arts and an account stated between the parties — only for the purpose of determining the money judgment against defendant. Staunton v Brooks, 2015 NY Slip Op 05248, 3rd Dept 6-18-15