PETRA CABLEVISION CORP. v. TELEPROMPTER CORP.


49 A.D.2d 888 (1975)

Petra Cablevision Corp., Appellant, v. Teleprompter Corporation et al., Respondents

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

October 6, 1975


Order affirmed, with $20 costs and disbursements.

The joinder by plaintiff of legal and equitable claims constituted a waiver of its right to a trial by jury (Heller v Hacken, 40 A.D.2d 1012; Vincent v Cooperman, 283 App Div 812). In affirming so much of the order as permits defendants to serve an amended answer adding the Statute of Frauds as a defense, we do not reach the question of the sufficiency of the defense...

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