GABBAY v. RATCHIK


60 A.D.2d 593 (1977)

Abe Gabbay, Respondent, v. Selig Ratchik, Defendant and Third-Party Plaintiff. Milton Ackerman et al., Third-Party Defendants-Appellants, et al., Defendants

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

December 12, 1977


Order reversed insofar as appealed from, with $50 costs and disbursements, and motion granted in its entirety.

By joining an equitable claim, one for an accounting, with a legal claim, one to recover damages for conversion, the plaintiff waived his right to a jury trial and, accordingly, the motion to strike plaintiff's jury demand should have been granted in its entirety (see Di Menna v Cooper & Evans Co., 220 N.Y. 391; L. C. J. Realty Corp. v Back...

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