Opinion
October 15, 1984
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
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.