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DRELICH v. KENLYN HOMES, INC.

86 A.D.2d 648 (1982)

Robert Drelich et al., Respondents, v. Kenlyn Homes, Inc., Appellant

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

January 29, 1982

Order reversed, with $50 costs and disbursements, and defendant's motion to transfer the within action to a nonjury part of the Supreme Court, Suffolk County, is granted.

On July 19, 1979, the parties entered into a written contract for the sale and construction of a one-family dwelling. The contract contained the following language in paragraph 24: "The parties hereto do hereby agree that trial by jury in any action, proceeding...

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