A. J. Armstrong Co. v. Nechamkin

55 A.D.2d 520, 388 N.Y.S.2d 618, 1976 N.Y. App. Div. LEXIS 15156

Opinion

Order, Supreme Court, New York County, entered August 31, 1976, which, inter alia, granted the motion of the plaintiff to strike the jury demand of the defendant and third-party plaintiff Ruth Nechamkin, unanimously affirmed, without costs or disbursements. Ruth Nechamkin had executed a guarantee in favor of A. J. Armstrong Co., Inc., to induce it to make a loan to a corporation known as Olim Sales Corp. The guarantee contained a waiver of "all right to a jury trial in any action against the undersigned [guarantor].” A jury waiver clause in a guarantee is enforceable (James Talcott, Inc. v Wilson Hosiery Co., 32 AD2d 524; Bonnie-Lassie Sportswear v Century Factors, 283 App Div 702), and the defendant and third-party plaintiff has offered no adequate reason to deny enforcement of the waiver in the case at bar. Concur—Stevens, P. J., Markewich, Kupferman, Silverman and Lane, JJ.