Legal Opinion

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

Decided February 24, 1976PublishedCited by 9 opinions

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

  1. Conrow v. . LittleNew York Court of Appeals · 1889
  2. Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
  3. Leav v. WeitznerAppellate Division of the Supreme Court of the State of New York · 1944
  4. Waterside Holding Corp. v. LaskAppellate Division of the Supreme Court of the State of New York · 1931
  5. National Processed Foods Corp. v. Rubel Corp.Appellate Division of the Supreme Court of the State of New York · 1942

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
  2. Phoenix Garden Restaurant, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1996
  3. Lana Estates, Inc. v. National Energy Reduction Corp.Civil Court of the City of New York · 1984
  4. Sorbonne Apartments Co. v. KranzCivil Court of the City of New York · 1978
  5. Estate of Greenberg v. ScheflerAppellate Terms of the Supreme Court of New York · 1979

4 more not listed; retrieve them via the Exa API.

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