HAUSNER v. MENDELOW

Ordered that the order is affirmed, with costs.

By joining equitable claims for an accounting and dissolution of a partnership with a legal claim to recover damages for conversion, the plaintiff waived his right to a jury trial. Accordingly, the motion to strike the plaintiff's demand for a trial by jury was properly granted (see, Zimmer-Masiello, Inc. v Zimmer, Inc., 164 A.D.2d 845; Gabbay v Ratchik, 60 A.D.2d 593). The cases relied on by the plaintiff (see, e.g., Azoulay v Cassin, 103 A.D.2d 836) hold only that a defendant shall not be deemed to have waived his right to a jury trial on issues so triable as a result of a plaintiff's joinder of legal and equitable claims in the complaint. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.