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ROBERTS v. 156 EAST 79TH ST. CORP.

205 A.D.2d 315 (1994)

613 N.Y.S.2d 4

Reni Roberts, Appellant, v. 156 East 79th Street Corporation et al., Respondents. (And a Third-Party Action.) (Action No. 1.) Reni Roberts, Appellant, v. 156 East 79th Street Corporation et al., Respondents. (Action No. 2.)

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

June 2, 1994

The right to a jury trial is waived by the joinder of legal and equitable causes of actions arising out of the same alleged wrong (New Jersey Steel Acquisition Corp. v Von Roll, AG., 188 A.D.2d 279). Here, there is no doubt that plaintiff's first complaint was for equitable relief. Although plaintiff commenced a second action seeking primarily money damages, the record demonstrates that...

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