New Jersey Steel Acquisition Corp. v. Roll

Order, Supreme Court, New York County (David B. Saxe. J.), entered May 8, 1992, granting defendants’ motion to strike plaintiffs demand for a jury trial, unanimously affirmed, with costs.

The IAS Court properly held that plaintiff waived its right to a jury trial when it joined its legal and equitable causes of action arising out of the same alleged wrong in its complaint (Zimmer-Masiello, Inc. v Zimmer, Inc., 164 AD2d 845). Plaintiffs claims of tortious interference and unjust enrichment, as pleaded in the complaint, do not arise out of separate transactions, and therefore do not entitle…