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PETER MIRASOLA et al., Appellants, v. HENRY D. GILMAN, Respondent.

Order affirmed, without costs or disbursements.

By deliberately joining legal and equitable causes of action arising out of the same transaction, plaintiffs waived their right to a trial by jury (see Tanenbaum v Anchor Sav. Bank, 95 A.D.2d 827; Vincent v Cooperman, 283 App. Div. 812). The subsequent removal of the equitable claims from the case through a partial settlement did not revive that right (cf. Panarella v Penthouse Int., 64 A.D.2d 545; Heller v Hacken, 40 A.D.2d 1012). Mangano, J.P., Gibbons, Bracken and Niehoff, JJ., concur.

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MIRASOLA v. GILMAN
(Oct 15, 1984)