NATIONAL PROCESSED FOODS CORP. v. RUBEL CORP

Order affirmed, without costs. At the instance of the plaintiff, a tenant under a lease, certain Municipal Court actions brought by defendant, the landlord, to recover rent based upon the lease, were consolidated with this action by the plaintiff to recover damages. The lease contains a provision for a waiver of a jury trial by the tenant in any action brought by the landlord. The effect of such consolidation is analogous to the effect of a plaintiff joining in one complaint an equitable action with an action at law — the right to a jury trial is deemed to be waived. (Cf. 4 Carmody's New York Practice, § 1174.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.