WHIPPLE v. TRAIL PROPERTIES, INC

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs waived their right to a jury trial by joining legal and equitable causes of action arising from the same transaction and seeking both legal and equitable relief ( see, Bockino v. Metropolitan Transp. Auth., 224 A.D.2d 471; Adelstein v. City of New York, 212 A.D.2d 748; Noto v. Headley, 21 A.D.2d 686). The subsequent amendment of the complaint to eliminate the equitable cause of action and demand for equitable relief did not revive that right ( see, Zimmer-Masiello, Inc. v. Zimmer, Inc., 164 A.D.2d 845; Kaplan v. Long Is. Univ., 116 A.D.2d 508; Mirasola v. Gilman, 104 A.D.2d 932).

Thompson, J. P., Sullivan, Joy and Schmidt, JJ., concur.