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FAKIRIS v. GUSMAR ENTERPRISES, LLC

2019-00072. Index No. 14652/14.

189 A.D.3d 1543 (2020)

135 N.Y.S.3d 297

2020 NY Slip Op 08039

Marina Fakiris, Appellant, v. Gusmar Enterprises, LLC, et al., Respondents, et al., Defendant.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Gleich, Farkas & Emouna LLP, Great Neck, NY ( Lara P. Emouna of counsel), for appellant.

Mastropietro Law Group, PLLC, New York, NY ( Eric W. Gentino of counsel), for respondents.

Mastro, J.P., Austin, Hinds-Radix and Wooten, JJ., concur.

Ordered that the order is affirmed, 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, 567 [1989]). "Once the...

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