Behrins & Behrins, P.C. v. Chan

In Behrins & Behrins, P.C. v. Chan, 15 AD3d 515, 791 N.Y.S.2d 566, following a divorce action, the law firm that represented the wife brought an action against her seeking payment of outstanding attorney fees. The wife also brought a legal malpractice action against the firm and made a jury demand on both actions. The Second Department reversed the lower court's decision that held that the wife was not entitled to a jury trial on such claims. The Court found that plaintiff's action involved actions at law seeking money judgments, and thus the wife was entitled to a jury trial. (Id.) The Court also stated that although the jury may have to incidentally have to examine a prior equitable distribution award, it is irrelevant as the jury is not being called upon to change the prior distribution of the assets between the appellant and her former husband. (Id.)