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WHIPPLE v. TRAIL PROPERTIES, INC.

261 A.D.2d 470 (1999)

690 N.Y.S.2d 132

JOE A. WHIPPLE et al., Appellants, v. TRAIL PROPERTIES, INC., et al., Respondents.

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

Decided May 10, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs waived their right to a jury trial by joining legal and equitable causes of action arising from the same transaction and seeking both legal and equitable relief (see, Bockino v Metropolitan Transp. Auth., 224 A.D.2d 471; Adelstein v City of New York, 212 A.D.2d 748; Noto v Headley,

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