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HABER v. COHEN

2009-10595.

74 A.D.3d 1282 (2010)

903 N.Y.S.2d 242

RAY HABER et al., Respondents, v. BETTY COHEN et al., Appellants. (And a Third-Party Action.)

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

Decided June 29, 2010.

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

The facts of this case are set forth in the companion appeal (see Haber v Cohen, 74 A.D.3d 1281 [2010] [decided herewith]).

The Supreme Court properly determined that the defendants waived their right to a trial by jury by including counterclaims for equitable relief along with their counterclaims for legal relief (see Herbil Holding...

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