Phalanx Corp. v. Philite Radiant, Inc.

Order, entered on February 19, 1963, denying plaintiff’s motion to strike defendant’s jury demand and to transfer the action to the Nonjury Calendar, unanimously reversed on the law, with $20 costs and disbursements to appellant, and the motion granted. There is no claim that the execution of the'agreement of guarantee containing the waiver of a trial by jury was fraudulently induced. The only claim made is that the plaintiff, subsequent to execution, inserted a date therein with the fraudulent purpose of binding defendant to a guarantee broader than intended at the time of execution.…