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CHEM. BANK v. SUMMERS

67 A.D.2d 856 (1979)

Chemical Bank, Respondent, and Edward A. Chwatt, Doing Business as London Company, Plaintiff, v. Jack I. Summers, Also Known as Jack Summers, et al., Appellants, et al., Defendant

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

February 8, 1979

Special Term properly found that there was a contractual waiver of defendants Summers' right to a jury trial contained in the notes which they either, collectively indorsed and guaranteed, or individually signed as maker. The Summers do not assert that they were unaware of what they were doing when they signed these notes in either capacity. Thus, the jury waiver clauses are enforceable. (See James Talcott, Inc. v Wilson Hosiery Co., 32 A.D.2d 524...

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