National Equipment Rental, Ltd. v. H. Walter Hendrix, III and Jean K. Hendrix

IRVING R. KAUFMAN, Chief Judge:

This appeal brings into question a jury finding that two so-called “equipment lease” agreements entered into between National Equipment Rental, Ltd. (NER) and H. Walter Hendrix, III, were, in actuality, usurious loan agreements void under New York State law. That determination, and the resulting dismissal of NER’s complaint seeking amounts still due on those agreements, are attacked on three grounds. NER contends that Hendrix was improperly granted a jury trial in the face of a contractual clause waiving such a right; that there was insufficient evidence to…