Whipple v. Trail Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action pursuant to RPAPL article 15 to determine title to a parcel of real property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Putnam County (Ingrassia, J.), dated March 12, 1998, as denied that branch of their motion which was to renew their demand for a jury trial.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs waived their right to a jury trial by joining legal and equitable causes of action arising from the same transaction and seeking both legal and equitable relief (see, Bockino v…
2Cases cited6 opinions
- Zimmer-Masiello, Inc. v. Zimmer, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Kaplan v. Long Island UniversityAppellate Division of the Supreme Court of the State of New York · 1986
- Bockino v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
- Mirasola v. GilmanAppellate Division of the Supreme Court of the State of New York · 1984
- Adelstein v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by8 opinions
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- Haber v. CohenAppellate Division of the Supreme Court of the State of New York · 2010
- Lief v. HillAppellate Division of the Supreme Court of the State of New York · 2012
- Behrins & Behrins, P.C. v. ChanNew York Supreme Court · 2004
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