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LIEF v. HILL

2011-09629.

100 A.D.3d 836 (2012)

953 N.Y.S.2d 902

2012 NY Slip Op 7962

MADELON LIEF, Appellant, v. EMITA HILL et al., Respondents, et al., Defendant.

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

November 21, 2012.

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

"`[T]he 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'" (Anesthesia Assoc. of Mount Kisco, LLP v Northern Westchester Hosp. Ctr., 59 A.D.3d 481, 482 [2009], quoting Hebranko v Bioline Labs., 149 A.D.2d 567

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