Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is denied in its entirety, and the matter is remitted to the Supreme Court, Nassau County, for a joint trial before a jury of the legal and equitable issues, with the jury determining the legal issues and the court determining the equitable issues.
22 NYCRR 202.40, cited by the trial court, is applicable "whenever a trial by jury is demanded...
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