Legal Opinion

First Borough Corp. v. Wasserstein

Appellate Terms of the Supreme Court of New York

Decided October 14, 1954PublishedCited by 3 opinions

1Per curiam

The provision in the lease whereby the tenant waived the right to a trial by jury is not binding upon the tenant’s guarantor. There is nothing in the contract of guaranty to indicate any intention on the part of the guarantor to abandon the right to a trial by jury. (Garsan Realty Corp. v. Kohler, 156 Misc. 826.)

The order should be unanimously reversed upon the law, with $10 costs to defendant, and motion denied, with $10 costs.

Ughetta, Kleinfeld and Hart, JJ., concur.

Order reversed, etc.

2Cases cited1 opinion

  1. Garsan Realty Corp. v. KohlerCity of New York Municipal Court · 1935

3Cited by3 opinions

  1. Rhode Island Depositors Economic Protection Corp. v. Coffey & Martinelli, Ltd.Supreme Court of Rhode Island · 2003
  2. North Charleston Joint Venture v. Kitchens of Island Fudge Shoppe, Inc.Supreme Court of South Carolina · 1992
  3. North Charleston Joint Venture v. Kitchens of Island Fudge Shoppe, Inc.Supreme Court of South Carolina · 1992