Rocha Toussier y Asociados, S.C. v. Rivero
| Decision Date | 03 February 1994 |
| Citation | 201 A.D.2d 282,607 N.Y.S.2d 282 |
| Parties | ROCHA TOUSSIER Y ASOCIADOS, S.C., et al., Plaintiffs-Respondents, v. Rodrigo Rocha RIVERO, et al., Defendants-Appellants, Jorge Henriquez Dominguez, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Before MURPHY, P.J., and ROSENBERGER, WALLACH, ASCH and WILLIAMS, JJ.
Order, Supreme Court, New York County (Helen Freedman, J.), entered March 19, 1993, which, insofar as appealed from as limited by appellants' brief, denied defendants' motion to strike plaintiff's demand for a jury trial, unanimously affirmed, with costs.
After the plaintiff corporation in receivership was declared once and for all the proper party to pursue this shareholder derivative action, and while the case was pending in the Trial Assignment Part, the defendants challenged plaintiff's right to a jury trial on the ground that the complaint included demands for equitable relief. Because the plaintiff alleges the existence of a conspiracy among the defendants, but alleges that the conspiracy acted in two fully separable transactions (see, Regan v. Martindale, 72 A.D.2d 676, 677, 421 N.Y.S.2d 209), the primary character of the demand for relief concerning the so-called Armco transaction is legal in nature, and the demand for an accounting is merely incidental (see, Cadwalader Wickersham & Taft v. Spinale, 177 A.D.2d 315, 576 N.Y.S.2d 24).
We have considered the defendants' remaining arguments, and find them to be without merit.
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Weltzin v. Nail, 98-2114.
...of the majority shareholder is one in equity, with no right to a jury trial."), with Rocha Toussier y Asociados, S.C. v. Rivero, 201 A.D.2d 282, 607 N.Y.S.2d 282, 282 (1994) (holding that the plaintiff in a shareholder's derivative suit was entitled to a jury where demand for relief was leg......
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Estate of Aronoff, Matter of
...a separate transaction for which the common factual questions must be resolved independently (Rocha Toussier y Asociados, S.C. v. Rodrigo Rocha Rivero, 201 A.D.2d 282, 607 N.Y.S.2d 282; Regan v. Martindale, 72 A.D.2d 676, 421 N.Y.S.2d 209). Accordingly, the consolidation of the trust procee......