Legal Opinion

Bank of New York v. Royal Athletic Industries, Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 1996PublishedCited by 1 opinion

1Opinion of the Court

—In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (DiNoto, J.),' dated November 21, 1994, which denied its motion to strike the demand of the defendants Joseph Guercia and Guy DiGennaro for a jury trial.

Ordered that the order is affirmed, with costs.

The plaintiff’s motion to strike the jury demand of the respondents Joseph Guercia and Guy DiGennaro was properly denied. Although the provision setting forth a waiver of a jury trial contained in the personal guarantees executed by Guercia and DiGennaro was valid (see, Gunn v…

2Cases cited3 opinions

  1. Bank of New York v. Cheng Yu Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  2. Gardner & North Roofing & Siding Corp. v. Champagne, New York County Courts1967
  3. Gunn v. PalmieriAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by1 opinion

  1. Chesterfield Exchange, LLC v. Sportsman's Warehouse, Inc.District Court, E.D. Michigan · 2007

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