Hyperlawhypertext legal database National Processed Foods Corp. v. Rubel Corp. 265 A.D. 879

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National Processed Foods Corp. v. Rubel Corp.

265 A.D. 879 Court N.Y. App. Div. Decision date 1942-11-23 English

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p. 879
National Processed Foods Corporation, Appellant, v. Rubel Corporation, Respondent.

The lease contains a provision for a waiver of a jury trial by the tenant in any action brought by the landlord. The effect of such consolidation is analogous to the effect of á plaintiff joining in one complaint an equitable action with an action at law — the right to a jury trial is deemed to be waived. (Cf. 4 Carmody’s New York Practice, § 1174.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.