Legal Opinion
Hausner v. Mendelow
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 1993PublishedCited by 7 opinions
1Opinion of the Court
—In an action, inter alia, for the dissolution of a partnership pursuant to Partnership Law § 63, the plaintiff appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated August 8, 1991, which granted the defendants’ motion, pursuant to CPLR 4101, to strike the plaintiff’s demand for a trial by jury.
Ordered that the order is affirmed, with costs.
By joining equitable claims for an accounting and dissolution of a partnership with a legal claim to recover damages for conversion, the plaintiff waived his right to a jury trial. Accordingly, the motion to strike the plaintiff’s…
2Cases cited3 opinions
- Zimmer-Masiello, Inc. v. Zimmer, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Azoulay v. CassinAppellate Division of the Supreme Court of the State of New York · 1984
- Gabbay v. RatchikAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by7 opinions
- Bockino v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
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- Ayromlooi v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 2004
- Chim Chul Yi v. Marcy Realty Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Matter of Weslowski v. DayAppellate Division of the Supreme Court of the State of New York · 2016
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