Edward Joy , Inc. v. McGuire & Bennett, Inc.

—Mikoll, J. P.

Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered March 16,1995 in Tompkins County, which granted certain defendants’ motion to vacate that portion of plaintiff’s note of issue demanding a jury trial.

Plaintiff originally commenced this lawsuit in Onondaga County, joining three causes of action for breach of contract against defendant McGuire & Bennett, Inc., a general contractor, with a cause of action against all defendants seeking foreclosure of plaintiff’s mechanic’s lien filed in connection with work performed by plaintiff on property owned by defendant…