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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: July 11, 2015

Jury Demand Stricken Because Damages Claim Was Incidental to Equitable Relief Sought

On June 18, 2015, the First Department issued a decision in Wathne Imports, Ltd. v. PRL USA, Inc., 2015 NY Slip Op. 05268, affirming the striking of a jury demand because “the primary relief sought in the complaint — an injunction enjoining defendants from further interference with plaintiff’s licensing rights — is equitable in nature, and the claims for damages are incidental.” (Internal quotations and citations omitted).

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