Ordered that the order is affirmed, with one bill of costs.
In this case, where the plaintiffs sought abatement of and damages for a nuisance and an injunction restraining the continuance of the nuisance, they were not entitled as of right to a trial by jury (see, Cogswell v. New York, New Haven Hartford Riv. R.R. Co., 105 N.Y. 319; Expressway Realties v Sidjack Realty Corp., 35 Misc.2d 639, affd 17 A.D.2d 926). Bracken, J.P., Rosenblatt, Lawrence, Krausman and Goldstein, JJ., concur.