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MIRASOLA v. GILMAN

104 A.D.2d 932 (1984)

Peter Mirasola et al., Appellants, v. Henry D. Gilman, Respondent

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

October 15, 1984

Order affirmed, without costs or disbursements.

By deliberately joining legal and equitable causes of action arising out of the same transaction, plaintiffs waived their right to a trial by jury (see Tanenbaum v Anchor Sav. Bank, 95 A.D.2d 827; Vincent v Cooperman, 283 App Div 812). The subsequent removal of the equitable claims from the case through a partial settlement did not revive that right (cf. Panarella...

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