National Processed Foods Corp. v. Rubel Corp.
265 A.D. 879, 38 N.Y.S.2d 40, 1942 N.Y. App. Div. LEXIS 6298
Appellate Division of the Supreme Court of the State of New York·Decided November 23, 1942·Published·Cited by 2 cases
Opinion
The lease contains a provision for a waiver of a jury trial by the tenant in any action brought by the landlord. The effect of such consolidation is analogous to the effect of á plaintiff joining in one complaint an equitable action with an action at law — the right to a jury trial is deemed to be waived. (Cf. 4 Carmody’s New York Practice, § 1174.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.
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National Processed Foods Corp. v. Rubel Corp., 265 A.D. 879, 38 N.Y.S.2d 40, 1942 N.Y. App. Div. LEXIS 6298 (N.Y. Ct. App. 1942).
265 A.D. 879 (National Processed Foods Corp. v. Rubel Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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