Gardner & North Roofing & Siding Corp. v. Champagne

This is an appeal from an order and decision of the City Court of Syracuse, New York, denying plaintiff’s motion to remove the case from the Jury Calendar on the ground that the contract between the parties contained “a jury waiver” clause. (See Gardner & North Roofing & Siding Corp. v. Champagne, 48 Misc 2d 716.)

Plaintiff and defendants entered into a written contract whereby the plaintiff was to perform work, labor and services and provide materials for what are generally known as home improvements.

Before commencing the work entailed by the contract, the defendants cancelled the contract…