FRANKLIN NAT'L BANK OF LONG ISLAND v. CAPOBIANCO


25 A.D.2d 445 (1966)

Franklin National Bank of Long Island, Appellant, v. Joseph Capobianco et al., Respondents

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

January 24, 1966


Order reversed, without costs, and motion granted.

A loan agreement between plaintiff and defendants provided that "in the event any dispute shall arise with respect to any of the instruments executed in connection herewith * * * it [is] understood that all of the parties waive right to trial by jury and * * * any rights to interpose any counterclaims in any suit or proceeding that may be brought." The loan agreement further provided that its provisions were incorporated...

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