Legal Opinion

Bank of New York v. Cheng Yu Corp.

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

Decided February 20, 1979PublishedCited by 7 opinions

1Opinion of the Court

— In an action on a promissory note, defendant Hung Lin Hu appeals from an order of the Supreme Court, Nassau County, dated March 9, 1978, which granted plaintiff’s motion to strike his demand for a jury trial. Order reversed, with $50 costs and disbursements, and motion denied. This is an action on a promissory note which contained a clause under which the signer waived his right to a trial by jury in any action brought on the note. Appellant was sued as a personal guarantor of the note. While he admits having signed the guarantee, he alleges that he does not read or understand English and…

2Cases cited3 opinions

  1. Pimpinello v. Swift & Co.New York Court of Appeals · 1930
  2. James Talcott, Inc. v. Wilson Hosiery Co.Appellate Division of the Supreme Court of the State of New York · 1969
  3. Freeman v. Island Discount Corp.Appellate Division of the Supreme Court of the State of New York · 1958

3Cited by7 opinions

  1. J.P. Morgan Securities Inc. v. AderAppellate Division of the Supreme Court of the State of New York · 2015
  2. Ferry v. Poughkeepsie Galleria Co.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Bank of New York v. Royal Athletic Industries, Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Equilease Corp. v. Indemnity Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1992
  5. International Business Machs. Corp. v. GlobalFoundries U.S. Inc.Appellate Division of the Supreme Court of the State of New York · 2024

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