October 11, 2019

Waiver of trial by jury.

When the complaint either joins legal and equitable causes of action arising out of the same alleged wrong or seeks both legal and equitable relief, the plaintiff waives his right to jury trial.

Errant Gene Therapeutics, LLC v. Sloan-Kettering Inst. for Cancer Research, NY Slip Op 07226 (1st Dep't October 8, 2019)

Here is the decision.