Practice point: The deliberate joinder of claims for legal and equitable relief arising out of the same transaction amounts to a waiver of the right to demand a jury trial.
Student note: Once the right has been so lost, it will not be revived by any subsequent dismissal, settlement or withdrawal of the equitable claims.
Case: Bryant v. Broadcast Music, Inc., NY Slip 06991 (2d Dept. 2011).
Here is the decision.
Tomorrow’s issue: Foreclosure actions.
