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WILLIS RE INC. v. HUDSON

29 A.D.3d 489 (2006)

816 N.Y.S.2d 43

WILLIS RE INC., Appellant, v. SIMON M. HUDSON et al., Respondents.

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

May 30, 2006.

Plaintiff waived its right to a jury trial by joining legal and equitable claims, which right was not revived by its subsequent withdrawal of the equitable claims (see Zimmer-Masiello, Inc. v Zimmer, Inc., 164 A.D.2d 845, 846-847 [1990]). We reject plaintiff's argument that its original claim for injunctive relief, arising out of the same transactions and occurrences as the claim for damages...

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