Opinion
September 18, 1997
Appeal from Supreme Court, New York County (Louise Gruner Gans, J.).
We affirm the ruling that plaintiff is entitled to a jury trial on her negligence claim only because a monetary recovery would provide plaintiff with full relief, and thus the initial joinder of prayers for both legal and equitable relief did not constitute a waiver of the right to a jury trial in the first instance ( see, Endervelt v. Slade, 194 A.D.2d 305, lv dismissed in part and denied in part 82 N.Y.2d 841; cf., Panarella v. Penthouse Intl., 64 A.D.2d 545). Denial of the motion to vacate the note of issue was a proper exercise of discretion in view of plaintiff's production of all but one of the items directed in the discovery order, and her colorable attempt at full compliance by providing a redacted copy of that item.
Concur — Murphy, P.J., Sullivan, Ellerin and Williams, JJ.