ECHEVARRIA
v.
STATE
Explore caselaw by topic → Browse Miller V. Alabama cases and more on FLexlaw
Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered April 14, 2015, which, among other things, granted plaintiff’s motion to strike defendant Trade Evans’s jury demand, unanimously affirmed, without costs.
The motion court properly determined that defendant has no right to a jury trial on the triable issues identified by this Court on a prior appeal (62 AD3d 512, 514 [1st Dept 2009]). Since both parties sought equitable relief — that is, specific performance of their settlement agreement or injunctive relief — defendant is not entitled to a jury trial (see
Anesthesia Assoc. of Mount Kisco, LLP v Northern Westchester Hosp.
Ctr., 59 AD3d 481, 482 [2d Dept 2009];
Trepuk v Frank,
104 AD2d 780, 781 [1st Dept 1984]; CPLR 4101, 4102 [c]). Even if defendant now asserts a claim for money damages, and even if she were to withdraw her equitable claims, that would not revive or create a right to a trial by jury that was waived by asserting equitable claims with respect to the same transaction
(see Zimmer-Masiello, Inc. v Zimmer, Inc.,
164 AD2d 845, 846-847 [1st Dept 1990];
Trepuk,
104 AD2d 780;
cf.
CPLR 4102 [c]).
We have considered defendant’s remaining arguments and find them unavailing.
Concur — Sweeny, J.P., Mazzarelli, Moskowitz and Kahn, JJ.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Powell v. State, 271 So. 3d 1181 (Fla. 3d DCA 2019)…PER CURIAM. Affirmed. Echevarria v. State, 271 So. 3d 108, 109-10 (Fla. 3d DCA 2019) (holding that a juvenile's concurrent sentences of thirty-five years each for a homicide crime and a non-homicide crime do not violate the United States Supreme Court decision in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2…
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Pedroza v. State, 244 So. 3d 1128 (Fla. 4th DCA 2018)
- Wagner v. State (Fla. 1st DCA 2019)