PLAINTIFF’S DEMAND FOR MONETARY DAMAGES AND EQUITABLE RELIEF IN THIS EMPLOYMENT DISCRIMINATION CASE DID NOT WAIVE THE RIGHT TO A JURY TRIAL; PLAINTIFF COULD BE MADE WHOLE ENTIRELY BY A MONETARY AWARD (SECOND DEPT). ​

The Second Department, reversing Supreme Court, determined the demand for both money damages and equitable relief in this employment discrimination case did not waive plaintiff’s right to a jury trial. The plaintiff could be made whole entirely with money damages:

CPLR 4101(1) provides, in pertinent part, that “issues of fact shall be tried by a jury, unless a jury trial is waived,” in any action “in which a party demands and sets forth facts which would permit a judgment for a sum of money only.” The “deliberate joinder of claims for legal and equitable relief arising out of the same transaction” may constitute a waiver of the right to a jury trial … . However, the right to a jury trial must be determined by the facts alleged in the complaint and not by the prayer for relief … , and “[w]here a plaintiff alleges facts upon which monetary damages alone will afford full relief, inclusion of a demand for equitable relief in the complaint’s prayer for relief will not constitute a waiver of the right to a jury trial” … . A jury trial will not be waived if the equitable relief sought by the plaintiff is “incidental to [his or her] demand for money damages” … .

Here, the gravamen of the plaintiff’s action is to recover damages for employment discrimination. Therefore, the character of the action is essentially legal, and even though the prayer for relief in the complaint contains demands for equitable relief, only an award of monetary damages would afford the plaintiff a full and complete remedy … . Blackman v Metropolitan Tr. Auth., 2024 NY Slip Op 01530, Second Dept 3-20-24

Practice Point: Although a demand for equitable relief may waive the right to a jury trial, here there was no waiver because plaintiff could be made whole with a monetary award.