A. J. FRITSCHY CORP. v. CHASE MANHATTAN BANK


36 A.D.2d 600 (1971)

A. J. Fritschy Corporation, Respondent, v. Chase Manhattan Bank, Appellant, et al., Defendants

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

February 23, 1971


The joinder by plaintiff of legal and equitable causes of action based upon the same transaction effected a waiver of its right to trial by jury (CPLR 4102, subd. [c]; Tanne v. Tanne, 30 A.D.2d 956; Di Menna v. Cooper & Evans Co., 220 N.Y. 391). While the motion to strike may be made at any time up to the opening of trial, it is preferable in the interest of orderly procedure that it be made within a reasonable period...

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