Hebranko v. Bioline Laboratories, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of an indemnity agreement, the defendants appeal from an order of the Supreme Court, Kings County (Golden, J.), dated May 17, 1988, which denied their motion to strike the plaintiffs’ jury demand.
Ordered that the order is affirmed, with costs.
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 (see, CPLR 4102 [c]; Mirasola v Gilman, 104 AD2d 932; Tanen*568baum v Anchor Sav. Bank, 95 AD2d 827). However, the right…
2Cases cited6 opinions
- City of Syracuse v. . HoganNew York Court of Appeals · 1923
- Murphy v. American Home Products Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Ketcham v. WilburAppellate Division of the Supreme Court of the State of New York · 1926
- Ketcham v. WilburNew York Court of Appeals · 1927
- Mirasola v. GilmanAppellate Division of the Supreme Court of the State of New York · 1984
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- Strachman v. Palestinian AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
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