Order unanimously reversed and the motion to strike the case 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 Co., 220 N.Y. 391; Leav v. Weitzner, 268 App. Div. 466, 467.)
Settle order...
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