AYROMLOOI v. STATEN IS. UNIV. HOSP

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

May 3, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the order is affirmed, with costs.

By joining an equitable claim for an accounting of a professional corporation with legal claims to recover damages for breach of contract and employment discrimination, the plaintiff waived his right to a jury trial. Accordingly, the motion to strike the plaintiff's demand for a jury trial was properly granted ( see Hausner v. Mendelow, 198 A.D.2d 210; see also Bockino v. Metropolitan Transp. Auth., 224 A.D.2d 471, 471-472; cf. Hebranko v. Bioline Labs., 149 A.D.2d 567).

The plaintiff's remaining contentions are without merit.

FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.