Pessin v. Hochman — 5 A.D.2d 794

Majority

p. 794

Samuel Pessin, Respondent, v. Karl F. Hochman, Appellant et al., Defendant.

In an action on promissory notes, the appeal is from an order granting respondent’s motion to transfer the action from the jury calendar to the nonjury calendar. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Respondent invokes a waiver provision, contained in a chattel mortgage, for the purpose of depriving appellant of a jury trial. The waiver provision pertains only to the mortgagor and not to appellant, who as an individual was not a party to the mortgage.

Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ., concur.