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GIAMMALVO v. 2170-2178 BROADWAY LLC

293 A.D.2d 390 (2002)

740 N.Y.S.2d 617

NICHOLAS GIAMMALVO et al., Respondents, v. 2170-2178 BROADWAY LLC et al., Appellants.

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

Decided April 25, 2002.

Most of the relief sought in plaintiffs' original complaint is equitable in nature. This being the case, plaintiffs waived their right to a jury trial (see, e.g., Sherry Assoc. v Sherry-Netherland, Inc., 273 A.D.2d 14; Phoenix Garden Rest. v Chu, 234 A.D.2d 233). While plaintiffs' fourth cause of action arguably arises from a transaction distinct from those underlying plaintiffs' remaining...

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