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NOTO v. HEADLEY

21 A.D.2d 686 (1964)

Anthony Noto, Appellant, v. Frances P. Headley et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 18, 1964

Order affirmed, with $10 costs and disbursements.

An action to determine title to real property is triable by a jury (CPLR 4101, subd. 2). However, in his amended complaint the plaintiff included allegations setting forth, in addition, an equitable cause of action for specific performance, which is maintainable under the omnibus prayer for relief. By so doing, plaintiff has waived his right to a jury trial (Di Menna v...

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