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DALEY v. RELATED COS., INC.

213 A.D.2d 205 (1995)

623 N.Y.S.2d 248

William S. Daley, Appellant, v. Related Companies, Inc., et al., Respondents

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

March 9, 1995

Plaintiff has waived his right to a jury trial by including a claim for equitable relief which is not merely incidental to his claims at law (see, Cadwalader Wickersham & Taft v Spinale, 177 A.D.2d 315; Zimmer-Masiello, Inc. v Zimmer, Inc., 164 A.D.2d 845). The employment agreement at issue concerns the plaintiff's inclusion in partnerships which will provide him with tax shelters...

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