Legal Opinion
Mirasola v. Gilman
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1984PublishedCited by 7 opinions
1Opinion of the Court
— In an action for money damages and equitable relief, plaintiffs appeal from an order of the Supreme Court, Suffolk County (Gowan, J.), dated February 29, 1984, which denied their motion, made pursuant to CPLR 4101 and 4102, for an order directing the calendar clerk to accept their demand for a jury trial.
Order affirmed, without costs or disbursements.
By deliberately joining legal and equitable causes of action arising out of the same transaction, plaintiffs waived their right to a trial by jury (see Tanenbaum v Anchor Sav. Bank, 95 AD2d 827; Vincent v Cooperman, 283 App Div 812). The…
2Cases cited4 opinions
- Heller v. HackenAppellate Division of the Supreme Court of the State of New York · 1972
- Vincent v. CoopermanAppellate Division of the Supreme Court of the State of New York · 1954
- Tanenbaum v. Anchor Savings BankAppellate Division of the Supreme Court of the State of New York · 1983
- Panarella v. Penthouse International Ltd.Appellate Division of the Supreme Court of the State of New York · 1978
3Cited by7 opinions
- Zimmer-Masiello, Inc. v. Zimmer, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Anesthesia Associates v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2009
- Hebranko v. Bioline Laboratories, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Whipple v. Trail Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Haber v. CohenAppellate Division of the Supreme Court of the State of New York · 2010
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