Ferry v. Poughkeepsie Galleria Co.

—Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Although plaintiffs’ commercial lease contained a provision waiving the right to trial by jury of any action arising out of that lease, that waiver does not apply to plaintiffs’ causes of action alleging that plaintiff Ferry was induced to enter into the lease agreement by defendant’s fraudulent misrepresentations (see, Bank of N Y. v Cheng Yu Corp., 67 AD2d 961; Gardner & North Roofing & Siding Corp. v Champagne, 55 Misc 2d 413; Federal Housecraft v Faria, 28…