Pessin v. Hochman

Appellate Division of the Supreme Court of New York

Pessin v. Hochman

5 A.D.2d 794, 170 N.Y.S.2d 381, 1958 N.Y. App. Div. LEXIS 7169

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

DecidedJanuary 27, 1958

StatusPublished

This text of 5 A.D.2d 794 (Pessin v. Hochman) 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

Pessin v. Hochman, 5 A.D.2d 794, 170 N.Y.S.2d 381, 1958 N.Y. App. Div. LEXIS 7169 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action on promissory notes, the appeal is from an order granting respondent’s motion to transfer the action from the jury calendar to the nonjury calendar. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Respondent invokes a waiver provision, contained in a chattel mortgage, for the purpose of depriving appellant of a jury trial. The waiver provision pertains only to the mortgagor and not to appellant, who as an individual was not a party to the mortgage.

Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ., concur.

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In an action on promissory notes, the appeal is from an order granting respondent’s motion to transfer the action from the jury calendar to the nonjury calendar. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Respondent invokes a waiver provision, contained in a chattel mortgage, for the purpose of depriving appellant of a jury trial. The waiver provision pertains only to the mortgagor and not to appellant, who as an individual was not a party to the mortgage.

Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ., concur.

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Bluebook (online)

5 A.D.2d 794, 170 N.Y.S.2d 381, 1958 N.Y. App. Div. LEXIS 7169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pessin-v-hochman-nyappdiv-1958.