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NEW JERSEY STEEL ACQUISITION CORP. v. ROLL

188 A.D.2d 279 (1992)

New Jersey Steel Acquisition Corporation, Appellant, v. Von Roll, Ag., et al., Respondents

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

December 1, 1992

The IAS Court properly held that plaintiff waived its right to a jury trial when it joined its legal and equitable causes of action arising out of the same alleged wrong in its complaint (Zimmer-Masiello, Inc. v Zimmer, Inc., 164 A.D.2d 845). Plaintiff's claims of tortious interference and unjust enrichment, as pleaded in the complaint, do not arise out of separate transactions, and therefore do not entitle plaintiff to a jury trial...

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