PHALANX CORP. v. PHILITE RADIANT, INC.


19 A.D.2d 515 (1963)

Phalanx Corporation, Appellant, v. Philite Radiant, Inc., Respondent

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

May 7, 1963


Order, entered on February 19, 1963, denying plaintiff's motion to strike defendant's jury demand and to transfer the action to the Nonjury Calendar, unanimously reversed on the law, with $20 costs and disbursements to appellant, and the motion granted.

There is no claim that the execution of the agreement of guarantee containing the waiver of a trial by jury was fraudulently induced. The only claim made is that the plaintiff, subsequent to execution, inserted a date...

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