Jury Trial Demand Stricken in Accounting Proceeding

In Matter of Shane, 18 Misc 3d 1125(A), 2008 NY Slip Op 50203(U) (Sur. Ct. Nassau Co.) Surrogate Riordan applied the long-standing rule that "In most cases parties are not entitled to a jury in an accounting proceeding. Generally speaking, an accounting is an equity matter for which a jury trial is not a matter of right." Citing the teaching of Matter of Hernandez (139 Misc 2d 137, 138 [Sur Ct, Bronx County) "[i]f the relief requested is one traditionally cognizable in law and included among those causes where jury trial is historically mandated by the Constitution or by statute, a jury trial must be had on demand. On the other hand, if the relief sought is traditionally cognizable in equity, then no right to jury trial exists since none was available at common law."

Here, since the 25 objections were principally directed at the administration, management and business judgment of the fiduciaries and are essentially equitable in nature, not claims at law and, as such, no jury trial is available.