BANK OF NEW YORK v. CHENG YU CORP.


67 A.D.2d 961 (1979)

Bank of New York, Respondent, v. Cheng Yu Corp. et al., Defendants, and Hung Lin Hu, Appellant

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

February 20, 1979


Order reversed, with $50 costs and disbursements, and motion denied.

This is an action on a promissory note which contained a clause under which the signer waived his right to a trial by jury in any action brought on the note. Appellant was sued as a personal guarantor of the note. While he admits having signed the guarantee, he alleges that he does not read or understand English and that the contents of the agreement were misrepresented to him by the individual codefendant...

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