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Sorbara Construction Corp. v. Thatch Ripley Co., 2009 NY Slip Op 30527(U)

Posted in Breach of Contract, Justice Platkin, Richard, New York

On Plaintiff-general contractor’s claims for money damages and foreclosure on its mechanic lien, and on Defendant-owners’ motion to strike Plaintiff’s demand for trial by jury by reason of its joining equitable and legal claims, the Supreme Court, New York County, Lowe, J. denied Defendants’ motion, finding that the dispute as a whole was legal in nature because it involved a breach of a construction contract for which Plaintiff essentially sought money damages and because all the issues in the case were sufficiently intertwined and related such that only one trial was desirable and necessary.