Posts Categorized: Jury Demand

Posted: March 3, 2018

Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract’s Jury Waiver

On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Sports & Entertainment Ltd., 2018 NY Slip Op. 01294, affirming the dismissal of a jury demand, explaining: The court properly granted the motion to strike plaintiffs’ demand for a jury trial. While a party alleging fraudulent inducement that... Read more »

Posted: November 28, 2017

Jury Trial Waiver in Escrow Agreement Governed Suit on Related Purchase Agreement

On November 21, 2017, the First Department issued a decision in Highbridge House Ogden LLC v. Highbridge Entities LLC, 2017 NY Slip Op. 08187, holding that a jury trial waiver in an escrow agreement applied to an action based on a related purchase agreement, explaining: The plain terms of the Purchase Agreement and the Escrow... Read more »

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,... Read more »

Posted: April 27, 2014

Contractual Jury Waiver Enforceable Even When Plaintiff Alleges Fraudulent Inducement

On April 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in J.P. Morgan Securities Inc. v. Ader, 2014 NY Slip Op. 31017(U), enforcing a contractual jury waiver. In J.P. Morgan Securities, the plaintiff moved to strike the defendant’s jury demand based on a contractual jury waiver. The court granted... Read more »

Posted: October 20, 2013

Equitable Claims Defeat Jury Demand

On October 17, 2013, Justice Bucaria of the Nassau County Commercial Division issued a decision in National Grid Corporate Services, LLC v. LeSchack & Grodensky, P.C., 2013 N.Y. Slip Op. 23354, highlighting a significant procedural difference between litigating commercial cases in New York’s state and federal courts: which claims can be tried by a judge... Read more »