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WUCKER v. PISER & CO., INC.

81 A.D.2d 554 (1981)

Sidney Wucker et al., Doing Business as Wuckers, Appellants, v. Piser & Co., Inc., Defendant-Respondent and Third-Party Plaintiff. William Tichman, Third-Party Defendant

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

April 28, 1981

The lease between plaintiffs and defendants contained a waiver of jury trial in any action "brought by either of the parties hereto against the other (except for personal injury or property damage)." This clause was obviously drafted to comply with section 259-c of the Real Property Law (see, also, General Construction Law, § 25-b). However, the defendant and third-party plaintiff's complaint against third-party defendant Tichman is not an action brought by either of...

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