HIRSCH v. SYROTA

Ordered that the order is affirmed, with costs.

The plaintiff contends that the Supreme Court erred in denying his motion to strike the defendants' demand for a trial by jury. We agree with the trial court that the defendants are entitled to a jury trial ( see, CPLR 4101; Cadwalader, Wickersham Taft v. Spinale, 177 A.D.2d 315, 316). In reaching this determination, we have not considered the plaintiff's arguments concerning waiver, which were improperly raised for the first time in his reply papers on the motion to strike the defendants' demand for a trial by jury ( see,. Fischer v. Weiland, 241 A.D.2d 439).

O'Brien, J.P., Sullivan, Joy and Friedmann, JJ., concur.