From Casetext: Smarter Legal Research

Mirasola v. Gilman

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1984
104 A.D.2d 932 (N.Y. App. Div. 1984)

Opinion

October 15, 1984

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Order affirmed, without costs or disbursements.

By deliberately joining legal and equitable causes of action arising out of the same transaction, plaintiffs waived their right to a trial by jury (see Tanenbaum v Anchor Sav. Bank, 95 A.D.2d 827; Vincent v Cooperman, 283 App. Div. 812). The subsequent removal of the equitable claims from the case through a partial settlement did not revive that right (cf. Panarella v Penthouse Int., 64 A.D.2d 545; Heller v Hacken, 40 A.D.2d 1012). Mangano, J.P., Gibbons, Bracken and Niehoff, JJ., concur.


Summaries of

Mirasola v. Gilman

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1984
104 A.D.2d 932 (N.Y. App. Div. 1984)
Case details for

Mirasola v. Gilman

Case Details

Full title:PETER MIRASOLA et al., Appellants, v. HENRY D. GILMAN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 15, 1984

Citations

104 A.D.2d 932 (N.Y. App. Div. 1984)

Citing Cases

Mount Kisco v. Northern Westchester Hosp

The Supreme Court properly granted the respondents' motion to strike the plaintiffs' jury demand. "The…

Haber v. Cohen

It is well settled that by "deliberately joining legal and equitable causes of action arising out of the same…