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ANESTHESIA ASSOCIATES OF MOUNT KISCO, LLP v. NORTHERN WESTCHESTER HOSPITAL CENTER

59 A.D.3d 481 (2009)

873 N.Y.S.2d 202

ANESTHESIA ASSOCIATES OF MOUNT KISCO, LLP, et al., Appellants, v. NORTHERN WESTCHESTER HOSPITAL CENTER et al., Respondents, et al., Defendants.

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

Decided February 10, 2009.

Ordered that the order is affirmed, with one bill of costs payable to the respondents.

The Supreme Court properly granted the respondents' motion to strike the plaintiffs' jury demand. "The prevailing rule is that the deliberate joinder of claims for legal and equitable relief arising out of the same transaction amounts to a waiver of the right to demand a jury trial" (Hebranko v Bioline Labs., 149...

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