Plaintiffs commenced this action alleging libel and slander by defendant and in their complaint sought preliminary and permanent injunctive relief besides compensatory and punitive damages. Thereafter, in response to defendant's motion to strike the case from the Jury Calendar, the plaintiffs withdrew their prayer for injunctive relief.
In holding that the plaintiffs were entitled to a jury trial because of their withdrawal of the equitable claim, the court at nisi prius erred.
It has long been settled that the joinder of claims for legal and equitable relief results in a waiver of the right to a jury trial. (Panarella v. Penthouse Intl., 64 A.D.2d 545; CPLR 4102 [c].) Plaintiffs cannot revive this right by a subsequent "maneuver" to sever the equitable claim. (Kaplan v. Long Is. Univ., 116 A.D.2d 508, 509; Panarella v. Penthouse Intl., supra.)
Concur — Kupferman, J.P., Ross, Carro, Asch and Rosenberger, JJ.