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ERRANT GENE THERAPEUTICS, LLC v. SLOAN-KETTERING INST. FOR CANCER RESEARCH

10026N, 150856/17.

176 A.D.3d 459 (2019)

107 N.Y.S.3d 847

2019 NY Slip Op 07226

Errant Gene Therapeutics, LLC, Respondent, v. Sloan-Kettering Institute for Cancer Research et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 8, 2019.

Attorney(s) appearing for the Case

Holland & Knight LLP, New York (Charles A. Weiss of counsel), and Wilmer Cutler Pickering Hale and Dorr LLP, New York (Robert J. Gunther, Jr. of counsel), for Sloan-Kettering Institute for Cancer Research, appellant.

Schlam Stone & Dolan LLP, New York (John M. Lundlin of counsel), for Bluebird Bio Inc., appellant.

McCue Sussmane Zapfel & Cohen, P.C., New York (Kenneth Sussmane of counsel), for respondent.

Concur—Friedman, J.P., Sweeny, Richter, Mazzarelli, Webber, JJ.

Plaintiff has waived its right to a jury trial. When, as here, the complaint either joins legal and equitable causes of action arising out of the same alleged wrong or seeks both legal and equitable relief, there is a waiver of a plaintiff's right to a jury trial (see Marko v Korf, 166 A.D.3d 545 [1st Dept 2018]; Security Pac. Natl. Bank v Evans, 148 A.D.3d 465 [1st Dept 2017]; Willis...

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