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

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 14, 1954

StatusPublished

Cited by3 cases

This text of 206 Misc. 753 (First Borough Corp. v. Wasserstein) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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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