Opinion
February 2, 1995
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
There is no right to a jury trial here, the essence of plaintiff's action and defendant's counterclaims involving their respective rights to the corpus of a trust being equitable in nature (see, Magill v. Dutchess Bank Trust Co., 150 A.D.2d 531, 531-532), and defendant's incidental request for money damages does not require otherwise (see, Homburger v. Levitin, 140 A.D.2d 583, 584, lv denied 73 N.Y.2d 701).
Concur — Sullivan, J.P., Ellerin, Ross, Asch and Williams, JJ.