Roberts v. 156 East 79th Street Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered June 25, 1993, which insofar as appealed from, denied plaintiff’s motion to renew her request for a jury trial, unanimously affirmed, with costs.
*316The right to a jury trial is waived by the joinder of legal and equitable causes of actions arising out of the same alleged wrong (New Jersey Steel Acquisition Corp. v Von Roll, AG., 188 AD2d. 279). Here, there is no doubt that plaintiffs first complaint was for equitable relief. Although plaintiff commenced a second action seeking primarily money damages, the record…
2Cases cited1 opinion
- Ossory Trading v. Geldermann, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by1 opinion
- Kurzner v. Sutton Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1997