Commercial Division Blog

Posted: July 11, 2015 / Categories Commercial, Jury Demand

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).