AYROMLOOI v. STATEN ISLAND UNIVERSITY HOSPITAL (2004)

Supreme Court, Appellate Division, Second Department, New York.

Jahangir AYROMLOOI, etc., appellant, v. STATEN ISLAND UNIVERSITY HOSPITAL, et al., respondents.

Decided: May 03, 2004

ANITA R. FLORIO, J.P., NANCY E. SMITH, STEPHEN G. CRANE, and REINALDO E. RIVERA, JJ.

Schwartz & Perry, New York, N.Y. (Davida S. Perry and Brian Heller of counsel), for appellant. Clifton Budd & DeMaria, LLP, New York, N.Y. (Michael J. Volpe and Arthur J. Robb of counsel), for respondent Staten Island University Hospital.

In an action to recover damages for breach of contract and employment discrimination, and for an accounting, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered January 30, 2003, which granted the defendants' motion pursuant to CPLR 4101 to strike his demand for a jury trial.

ORDERED that the order is affirmed, with costs.

By joining an equitable claim for an accounting of a professional corporation with legal claims to recover damages for breach of contract and employment discrimination, the plaintiff waived his right to a jury trial. Accordingly, the motion to strike the plaintiff's demand for a jury trial was properly granted (see Hausner v. Mendelow, 198 A.D.2d 210, 603 N.Y.S.2d 498; see also Bockino v. Metropolitan Transp. Auth., 224 A.D.2d 471, 471-472, 638 N.Y.S.2d 137; cf. Hebranko v. Bioline Labs., 149 A.D.2d 567, 540 N.Y.S.2d 264).

The plaintiff's remaining contentions are without merit.

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