Opinion
May 10, 1999
Appeal from the Supreme Court, Putnam County (Ingrassia, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs waived their right to a jury trial by joining legal and equitable causes of action arising from the same transaction and seeking both legal and equitable relief ( see, Bockino v. Metropolitan Transp. Auth., 224 A.D.2d 471; Adelstein v. City of New York, 212 A.D.2d 748; Noto v. Headley, 21 A.D.2d 686). The subsequent amendment of the complaint to eliminate the equitable cause of action and demand for equitable relief did not revive that right ( see, Zimmer-Masiello, Inc. v. Zimmer, Inc., 164 A.D.2d 845; Kaplan v. Long Is. Univ., 116 A.D.2d 508; Mirasola v. Gilman, 104 A.D.2d 932).
Thompson, J. P., Sullivan, Joy and Schmidt, JJ., concur.