Home/Appellate Division of the Supreme Court of New York/National Processed Foods Corp. v. Rubel Corp.

National Processed Foods Corp. v. Rubel Corp.

265 A.D. 879, 38 N.Y.S.2d 40, 1942 N.Y. App. Div. LEXIS 6298
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 23, 1942
StatusPublished
Cited by2 cases

This text of 265 A.D. 879 (National Processed Foods Corp. v. Rubel Corp.) 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
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).

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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Bluebook (online)
265 A.D. 879, 38 N.Y.S.2d 40, 1942 N.Y. App. Div. LEXIS 6298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-processed-foods-corp-v-rubel-corp-nyappdiv-1942.