Legal Opinion
Tilden Financial Corp. v. Malerba, Abruzzo, Downes & Frankel
Suffolk County District Court
Decided March 7, 1977Published
1Opinion of the CourtAnthony R Corso, J.
In this breach of contract action plaintiff alleges that defendant has failed to pay the stipulated monthly installments for the leasing of certain office equipment. Defendant in their answer denied liability and instituted a third-party action against the manufacturer of the leased equipment for breach of warranty for fitness of purpose. After issue was joined, plaintiff filed a notice of trial. Defendant, third-party plaintifff, thereafter filed a demand for a trial by jury. Plaintiff brings on this motion to strike said demand citing paragraph 21 of the lease which reads as follows: "lease…
2Cases cited5 opinions
- Aetna Insurance v. Kennedy Ex Rel. BogashSupreme Court of the United States · 1937
- Vinlis Construction Co. v. RoreckAppellate Division of the Supreme Court of the State of New York · 1965
- Barrow v. BloomfieldAppellate Division of the Supreme Court of the State of New York · 1968
- Frohlich & Hager, Inc. v. Amalgamated Properties, Inc.City of New York Municipal Court · 1943
- Frohlich & Hager, Inc. v. Amalgamated Properties, Inc.Appellate Terms of the Supreme Court of New York · 1943