Appellate Division of the Supreme Court of New York, 1954

De Ruvo v. Paglia

De Ruvo v. Paglia
Appellate Division of the Supreme Court of New York · Decided May 25, 1954
283 A.D. 943; 130 N.Y.S.2d 827; 1954 N.Y. App. Div. LEXIS 5864
De Ruvo v. Paglia

Opinion of the Court

Order unanimously reversed and the motion to strike the ease from the jury calendar granted. As plaintiff has pleaded a cause of action at law with a cause of action for equitable relief, he has thereby waived his right to a jury trial for the common-law cause of action. (Di Menna v. Cooper & Evans Go., 220 N. Y. 391; Leav v. Weitzner, 268 App. Div. 466, 467.) Settle order on notice. Present —Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.