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MORETTI v. 860 WEST TOWER, INC.

242 A.D.2d 461 (1997)

662 N.Y.S.2d 50

Lisa M. Moretti, Respondent, v. 860 West Tower, Inc., Appellant. (And Another Action.)

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

September 18, 1997

We affirm the ruling that plaintiff is entitled to a jury trial on her negligence claim only because a monetary recovery would provide plaintiff with full relief, and thus the initial joinder of prayers for both legal and equitable relief did not constitute a waiver of the right to a jury trial in the first instance (see, Endervelt v Slade, 194 A.D.2d 305, lv dismissed in part...

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