Federal Housecraft, Inc. v. Faria

Plaintiff has brought this action to recover damages for alleged breach by defendants of a written contract. The answer includes an affirmative defense that defendants were fraudulently induced by plaintiff’s salesman to enter into the contract.

Subsequent to the filing of a note of issue, defendants demanded a trial by jury. Plaintiff thereafter moved to strike the action from the Jury Calendar upon the ground that the contract contains a provision for jury waiver in any action “ wherein * * * this agreement may be involved, or be the basis of suit.” The motion was granted, and from the order…