Legal Opinion
O'Brien v. Moszynski
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1984PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages based upon fraud and conspiracy in connection with the sale of a condominium home in a development promoted by defendants, plaintiffs appeal from an order of the Supreme Court, Westchester County (Cerrato, J.), dated November 5, 1982, which struck the action from the Jury Trial Calendar of that court and placed it on the Nonjury Calendar. 11 Order affirmed, with costs. 11 The provision of the purchase agreement which is at issue on this appeal specifically provides as follows: “22. Waiver of Jury Trial. Trial by jury in any action, proceeding or counterclaim…
2Cases cited3 opinions
- Leav v. WeitznerAppellate Division of the Supreme Court of the State of New York · 1944
- 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 · 1976
- Ripple's of Clearview, Inc. v. Le Havre AssociatesAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by4 opinions
- National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
- Rigney v. McCabeAppellate Division of the Supreme Court of the State of New York · 2007
- 159 MP Corp. v. Redbridge Bedford, LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Phyllis Jager v. DoorDash, Inc.District Court, S.D. New York · 2026