Lief v. Hill

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by her notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered August 30, 2011, as granted that branch of the motion of the defendants Emita Hill and Frederick Abbabio which was to strike the plaintiff’s demand for a trial by jury.

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…