FERRY v. POUGHKEEPSIE GALLERIA CO.


197 A.D.2d 913 (1993)

602 N.Y.S.2d 267

James Ferry et al., Respondents, v. Poughkeepsie Galleria Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Although plaintiffs' commercial lease contained a provision waiving the right to trial by jury of any action arising out of that lease, that waiver does not apply to plaintiffs' causes of action alleging that plaintiff Ferry was induced to enter into the lease agreement by defendant's fraudulent misrepresentations (see, Bank of N....

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