Pac Fung Feather Co. Ltd. v Porthault NA LLC

Pac Fung Feather Co. Ltd. v Porthault NA LLC 2014 NY Slip Op 04125 Decided on June 10, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 10, 2014
Gonzalez, P.J., Sweeny, Moskowitz, Freedman, JJ.
12704 600865/10 590549/10

[*1] Pac Fung Feather Co. Ltd., Plaintiff-Appellant, ——

v

Porthault NA LLC, Defendant-Respondent. [And A Third-Party Action]

Benowich Law, LLP, White Plains (Leonard Benowich of counsel), for appellant.

Press Law Firm PLLC, New York (Matthew J. Press of counsel), for respondent.

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about December 12, 2013, which denied plaintiff's motion to strike defendant's jury demand, unanimously affirmed, without costs.

Defendant did not waive its right to a jury by seeking, in a third-party action, the equitable remedy of disgorgement since its claims in the third-party action are primarily legal in nature and monetary damages would afford a full and complete remedy (see Cadwalader Wickersham & Taft v Spinale, 177 AD2d 315, 316 [1st Dept 1991]; see also Le Bel v Donovan, 96 AD3d 415 [1st Dept 2012]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 10, 2014

CLERK