First Borough Corp. v. Wasserstein

Appellate Terms of the Supreme Court of New York

First Borough Corp. v. Wasserstein

206 Misc. 753, 137 N.Y.S.2d 40, 1954 N.Y. Misc. LEXIS 3566

Appellate Terms of the Supreme Court of New York·Decided October 14, 1954·Published·Cited by 3 cases

Opinion

Per Curiam.

The provision in the lease whereby the tenant waived the right to a trial by jury is not binding upon the tenant’s guarantor. There is nothing in the contract of guaranty to indicate any intention on the part of the guarantor to abandon the right to a trial by jury. (Garsan Realty Corp. v. Kohler, 156 Misc. 826.)

The order should be unanimously reversed upon the law, with $10 costs to defendant, and motion denied, with $10 costs.

Ughetta, Kleinfeld and Hart, JJ., concur.

Order reversed, etc.

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Per Curiam.

The provision in the lease whereby the tenant waived the right to a trial by jury is not binding upon the tenant’s guarantor. There is nothing in the contract of guaranty to indicate any intention on the part of the guarantor to abandon the right to a trial by jury. (Garsan Realty Corp. v. Kohler, 156 Misc. 826.)

The order should be unanimously reversed upon the law, with $10 costs to defendant, and motion denied, with $10 costs.

Ughetta, Kleinfeld and Hart, JJ., concur.

Order reversed, etc.

First Borough Corp. v. Wasserstein, 206 Misc. 753, 137 N.Y.S.2d 40, 1954 N.Y. Misc. LEXIS 3566 (N.Y. Ct. App. 1954).

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Opinion

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