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KURZNER v. SUTTON OWNERS CORP.

245 A.D.2d 101 (1997)

666 N.Y.S.2d 135

R. Raymond Kurzner et al., Respondents, v. Sutton Owners Corporation, Appellant

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

December 11, 1997

Plaintiffs waived the right to a jury trial by joining equitable and legal claims arising out of the same wrong or transaction (Roberts v 156 E. 79th St. Corp., 205 A.D.2d 315; Daley v Related Cos., 213 A.D.2d 205; Paralegal Inst. v Big Sol Mfg. Co., 190 A.D.2d 595). The equitable relief sought is not merely incidental to plaintiffs' legal claims...

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