Franklin National Bank v. Capobianco

In an action upon guarantees executed by defendants, plaintiff appeals from an order of the Supreme Court, Suffolk County, entered May 6, 1965, which denied its motion to strike defendants’ jury demand and restore the action to the Nonjury Calendar. Order reversed, without costs, and motion granted. A loan agreement between plaintiff and defendants provided that “in the event any dispute shall arise with respect to any of the instruments executed in connection herewith * * * it [is] understood that all of the parties waive right to trial by jury and * * * any rights to interpose any…