Mishler v. Mishler

Defendant Jacob Mishler moves to vacate the jury demand contained in the note of issue served and filed by the plaintiff on October 16, 1963. Defendant contends that the plaintiff has waived a trial by jury by joining in the complaint, served in September, 1962, three causes of action seeking money relief and three causes of action seeking equitable relief.

The plaintiff waives his right to a trial by jury by either joining legal and equitable causes of action arising out of the same transaction or seeks legal and equitable relief for the same cause *472of action. However, in the situation where…