COLGATE CONSTR. CORP. v. HILL


70 Misc.2d 646 (1972)

Colgate Construction Corp., Plaintiff, v. Charles Hill et al., Defendants.

City Court of Mount Vernon.

June 23, 1972


Attorney(s) appearing for the Case

Avstreih, Martino & Weiss (Leonard A. Weiss of counsel), for plaintiff. McGovern, Connelly & Davidson (Robert J. McGoey of counsel), for defendants.


IRVING B. KENDALL, J.

Plaintiff's motion to vacate the jury demand filed by the defendants, on the ground that the contract between the parties contains a waiver of trial by jury, is denied.

Involved in this lawsuit brought by a home improvement contractor is the judicial construction of a contract printed on a form supplied by the contractor to its customers.

At the bottom of the signature page is a printed clause which reads: "This contract...

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