MIRASOLA v. GILMAN

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.