De Ruvo v. Paglia
283 A.D. 943, 130 N.Y.S.2d 827, 1954 N.Y. App. Div. LEXIS 5864
Appellate Division of the Supreme Court of the State of New York·Decided May 25, 1954·Published·Cited by 2 cases
Opinion
Order unanimously reversed and the motion to strike the ease from the jury calendar granted. As plaintiff has pleaded a cause of action at law with a cause of action for equitable relief, he has thereby waived his right to a jury trial for the common-law cause of action. (Di Menna v. Cooper & Evans Go., 220 N. Y. 391; Leav v. Weitzner, 268 App. Div. 466, 467.) Settle order on notice. Present —Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.
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De Ruvo v. Paglia, 283 A.D. 943, 130 N.Y.S.2d 827, 1954 N.Y. App. Div. LEXIS 5864 (N.Y. Ct. App. 1954).
283 A.D. 943 (De Ruvo v. Paglia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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