| Lief v Hill |
| 2012 NY Slip Op 07962 [100 AD3d 836] |
| November 21, 2012 |
| Appellate Division, Second Department |
| Madelon Lief, Appellant, v Emita Hill et al., Respondents,et al., Defendant. |
—[*1] Bleakley Platt & Schmidt, LLP, White Plains, N.Y. (Robert D. Meade of counsel), forrespondents.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, aslimited by her notice of appeal and brief, from so much of an order of the Supreme Court,Westchester County (Lefkowitz, J.), entered August 30, 2011, as granted that branch of themotion of the defendants Emita Hill and Frederick Abbabio which was to strike the plaintiff'sdemand for a trial by jury.
Ordered that the order is affirmed insofar as appealed from, with costs.
" '[T]he deliberate joinder of claims for legal and equitable relief arising out of the sametransaction amounts to a waiver of the right to demand a jury trial' " (Anesthesia Assoc. of Mount Kisco, LLP vNorthern Westchester Hosp. Ctr., 59 AD3d 481, 482 [2009], quoting Hebranko vBioline Labs., 149 AD2d 567, 567-568 [1989]; cf. CPLR 4102 [c]). Here, theSupreme Court properly determined that the plaintiff waived her right to a trial by jury by joininglegal and equitable causes of action arising from the same transaction and seeking both legal andequitable relief (see Whipple v Trail Props., 261 AD2d 470 [1999]; cf. Hebranko vBioline Labs., 149 AD2d 567, 568 [1989]). Accordingly, the court properly granted thatbranch of the motion of the defendants Emita Hill and Frederick Abbabio which was to strike theplaintiff's demand for a trial by jury. Mastro, J.P., Skelos, Florio and Dickerson, JJ., concur.