DE RUVO v. PAGLIA

Order unanimously reversed and the motion to strike the case from the jury calendar granted. As plaintiff has pleaded a cause of action at law with a cause of action for equitable relief, he has thereby waived his right to a jury trial for the common-law cause of action. ( Di Menna v. Cooper Evans Co., 220 N.Y. 391; Leav v. Weitzner, 268 App. Div. 466, 467.) Settle order on notice.