Fay's Drug Co. of Riverside, Inc. v. P & C Property Cooperative, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, with costs, and motion granted. Memorandum: Plaintiff appeals from an order which denied its motion to strike from the note of issue defendant Nicholas J. Masterpol’s (Masterpol) demand for a jury trial. Plaintiff leased from codefendant P & C Property Cooperative, Inc. (P & C), certain premises in a commercial shopping plaza. P & C subsequently sold the property and assigned the lease to Masterpol. The lease contained a clause providing: "The parties hereby waive trial by jury in any action between them on matters arising out of this lease and the operation…
2Cases cited7 opinions
- Conrow v. . LittleNew York Court of Appeals · 1889
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Leav v. WeitznerAppellate Division of the Supreme Court of the State of New York · 1944
- Waterside Holding Corp. v. LaskAppellate Division of the Supreme Court of the State of New York · 1931
- National Processed Foods Corp. v. Rubel Corp.Appellate Division of the Supreme Court of the State of New York · 1942
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3Cited by9 opinions
- National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
- Phoenix Garden Restaurant, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1996
- Lana Estates, Inc. v. National Energy Reduction Corp.Civil Court of the City of New York · 1984
- Sorbonne Apartments Co. v. KranzCivil Court of the City of New York · 1978
- Estate of Greenberg v. ScheflerAppellate Terms of the Supreme Court of New York · 1979
4 more not listed; retrieve them via the Exa API.