Opinion
November 1, 1993
Appeal from the Supreme Court, Nassau County (Molloy, J.).
Ordered that the order is affirmed, with costs.
By joining equitable claims for an accounting and dissolution of a partnership with a legal claim to recover damages for conversion, the plaintiff waived his right to a jury trial. Accordingly, the motion to strike the plaintiff's demand for a trial by jury was properly granted (see, Zimmer-Masiello, Inc. v Zimmer, Inc., 164 A.D.2d 845; Gabbay v Ratchik, 60 A.D.2d 593). The cases relied on by the plaintiff (see, e.g., Azoulay v Cassin, 103 A.D.2d 836) hold only that a defendant shall not be deemed to have waived his right to a jury trial on issues so triable as a result of a plaintiff's joinder of legal and equitable claims in the complaint. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.