Legal Opinion
D.B. Zwirn Special Opportunities Fund, L.P. v. Brin Investment Corp.
New York Supreme Court
Decided November 12, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Bernard J. Fried, J.
*529Before me is a motion by plaintiff D.B. Zwirn Special Opportunities Fund, L.E to strike the jury demand of defendant Brin Investment Corporation. After oral argument, the parties submitted supplemental memoranda, which I have reviewed.
In this motion, D.B. Zwirn asks me to strike Brin Investment’s jury demand, based on a jury waiver provision in an asset management agreement (AMA) executed by D.B. Zwirn and Brin Management Corporation. It is well known that the constitutional right to a jury trial may be expressly waived by written agreement. (Tiffany at…
2Cases cited4 opinions
- Wells Fargo Bank, National Ass'n v. Stargate Films, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Federal Housecraft, Inc. v. FariaAppellate Terms of the Supreme Court of New York · 1961
- International Roofing Corp. v. Van Der VeerNew York Supreme Court · 1964
- Tiffany at Westbury Condominium by Its Board of Managers v. Marelli Development Corp.Appellate Division of the Supreme Court of the State of New York · 2006