Order reversed insofar as appealed from, with $10 costs and disbursements; defendant's motion granted; and plaintiff's oral cross motion denied.
By joining a claim for equitable and legal relief arising out of the same transaction, plaintiff waived her right to trial by jury (CPLR 4102, subd. [c]; Vincent v. Cooperman, 283 App. Div. 812). We are presented here with a situation in which plaintiff is seeking to be relieved from her decision to join the legal...
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