A. J. Armstrong Co. v. Nechamkin

Appellate Division of the Supreme Court of New York

A. J. Armstrong Co. v. Nechamkin

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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 2, 1976

StatusPublished

Cited by2 cases

This text of 55 A.D.2d 520 (A. J. Armstrong Co. v. Nechamkin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. J. Armstrong Co. v. Nechamkin, 55 A.D.2d 520, 388 N.Y.S.2d 618, 1976 N.Y. App. Div. LEXIS 15156 (N.Y. Ct. App. 1976).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

55 A.D.2d 520, 388 N.Y.S.2d 618, 1976 N.Y. App. Div. LEXIS 15156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-j-armstrong-co-v-nechamkin-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack