context: For example, nothing in the statute provides that an ALJ may convene a jury. Under New York law, a party is entitled to have a jury trial on a breach of contract claim for damages. See Motor Vehicle Mfrs.
citation_a.signal: see also
citation_a.identifier: 430 U.S. 442, 459
citation_a.parenthetical: "[S]uits for damages for breach of contract ... were suits at common law with the issues of the making of the contract and its breach to be decided by a jury."
citation_a.sentence: Ass’n of the U.S. v. State, 75 N.Y.2d 175, 181, 551 N.Y.S.2d 470, 550 N.E.2d 919 (1990) (“[A]ll cases afforded a jury trial under the common law prior to 1777 ... come within the present constitutional guarantee [of a jury trial] in article I, § 2 [of the New York Constitution].”); see also Atlas Roofing Co. v. Occupational Safety and Health Review Comm’n, 430 U.S. 442, 459, 97 S.Ct. 1261, 51 L.Ed.2d 464 (1977) (“[S]uits for damages for breach of contract ... were suits at common law with the issues of the making of the contract and its breach to be decided by a jury.”). In addition, 42 U.S.C. § 405(b)(1) expressly provides for the admission of evidence that would not be admissible in a court proceeding in “any hearing before the Commissioner” (emphasis added).
citation_b.signal: no signal
citation_b.parenthetical: "[A]ll cases afforded a jury trial under the common law prior to 1777 ... come within the present constitutional guarantee [of a jury trial] in article I, SS 2 [of the New York Constitution]."
citation_b.sentence: Ass’n of the U.S. v. State, 75 N.Y.2d 175, 181, 551 N.Y.S.2d 470, 550 N.E.2d 919 (1990) (“[A]ll cases afforded a jury trial under the common law prior to 1777 ... come within the present constitutional guarantee [of a jury trial] in article I, § 2 [of the New York Constitution].”); see also Atlas Roofing Co. v. Occupational Safety and Health Review Comm’n, 430 U.S. 442, 459, 97 S.Ct. 1261, 51 L.Ed.2d 464 (1977) (“[S]uits for damages for breach of contract ... were suits at common law with the issues of the making of the contract and its breach to be decided by a jury.”). In addition, 42 U.S.C. § 405(b)(1) expressly provides for the admission of evidence that would not be admissible in a court proceeding in “any hearing before the Commissioner” (emphasis added).