Wathne Imports, Ltd. v PRL USA, Inc.

Wathne Imports, Ltd. v PRL USA, Inc. 2015 NY Slip Op 05268 Decided on June 18, 2015 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 18, 2015
Gonzalez, P.J., Tom, Friedman, Kapnick, JJ.
15484N 603250/05

[*1] Wathne Imports, Ltd., Plaintiff-Appellant,

v

PRL USA, Inc., et al., Defendants-Respondents.

Manatt, Phelps & Phillips, LLP, New York (L. Peter Parcher of counsel), for appellant.

Kelley Drye & Warren LLP, New York (Robert I. Steiner of counsel), for respondents.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 7, 2015, which granted defendants' motion to strike plaintiff's jury demand, unanimously affirmed, without costs.

The court properly granted defendants' motion, as 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" (Krulwick v Posner , 272 AD2d 160 [1st Dept 2000]).

We have considered plaintiff's remaining arguments, including that defendants should be judicially estopped from arguing that plaintiff is not entitled to a jury trial, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 18, 2015

CLERK