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.