In accordance with CPLR 4101, the right to a trial by jury is limited to certain claims, with the most common being “legal” claims seeking money damages. On the other hand, for “equitable” claims (where non-monetary relief is fashioned based on principals of fairness and justice) the assigned Judge must decide the matter. Notably, when a complaint mixes legal and equitable claims seeking legal and equitable relief for the same wrongs, a plaintiff’s right to a jury trial is waived. See Schneider v. 254 Pas Prop. LLC, 231 A.D.3d 459 (1st Dep’t 2024). Similarly, an equitable counterclaim waives a defendant’s right to a jury trial for both the counterclaims and the main claim if the claims are “related.” See Cannon Point N Inc. v. City of New York, 87 A.D.3d 861, 865 (1st Dep’t 2011).
Strategic Considerations at the Pleading Stage
Therefore, experienced trial attorneys analyze the prospect of a jury or bench trial at the client intake and pleading stage because certain claims, or counterclaims, can serve to waive a right to a jury. Thus, savvy counsel charts a legal or equitable course at the pleading stage by asserting – or intentionally omitting – certain claims and relief. Accordingly, by the time that issue is joined with an answer, the parties usually know if a jury trial could be requested by an adversary.
Exceptions to the Waiver Rule: A Look at Hess v PA Bldrs., Inc.
But, of course, there are no guaranties in life or litigation. In the jury trial waiver realm, there are quite a few exceptions to a finding of waiver of a jury trial due to the presence of equitable claims, and prudent attorneys should not be caught off guard. Of note is the recent decision Hess v PA Bldrs., Inc., Index No. 451934/2022, 2025 NY Slip Op 34494(U) (Sup. Ct. NY Cty. November 24, 2025) (Clynes, J.), in which a plaintiff sought to strike a defendant’s demand for a jury trial as the defendant had asserted equitable counterclaims for quantum meruit, unjust enrichment, account stated and foreclosure of mechanic’s lien.
Analyzing the Character of Claims
First, the Court analyzed each claim to determine if the equitable claims were actually legal in character and in the relief sought (which constitutes a well-settled exception to finding waiver due to equitable claims). Thus, the Hess Court determined that the counterclaims for quantum meruit and unjust enrichment were legal claims as they sought money damages, and as the counterclaim for account stated was “primarily a demand for money, and the accounting is merely a method to determine the amount in monetary damages,” it should also be considered a legal claim.
Court-Ordered Separation of Verdicts
However, for remaining plainly equitable claim for foreclosure of mechanic’s lien, the Hess Court still would not find a waiver. More specifically, the Court explained that Hess began as two actions which were then joined for discovery and trial, though with separate verdicts, separate judgments, and separate costs. With separate verdicts, the Court reasoned, there must also be separate evaluations.
Thus the Hess Court has found another alternative to equitable claims effectuating a total waiver of a jury trial – where such claims are not separated merely by nature, but by Court Order. And while the circumstances in Hess may be uncommon, the Hess Court’s decision shows that attorneys must always be thinking outside the box and generally well-settled rules. There are always exceptions.
Contact an Experienced Long Island Business Litigation Attorney
If you have questions about your right to a jury trial or need legal representation for your case, having a skilled attorney is crucial to protecting your rights and interests. At Barnes & Barnes, P.C., we provide high-quality legal services tailored to your specific needs and work tirelessly to achieve the best outcomes for our clients. Contact us at (516) 673-0674 to schedule a consultation and find out how we can assist you.
