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O'BRIEN v. MOSZYNSKI

101 A.D.2d 811 (1984)

Patricia O'Brien et al., Appellants, v. Andrzej B. Moszynski, Respondent, et al., Defendants

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

May 7, 1984

¶ Order affirmed, with costs.

¶ The provision of the purchase agreement which is at issue on this appeal specifically provides as follows: "22. Waiver of Jury Trial. Trial by jury in any action, proceeding or counterclaim arising out of or from this Agreement is hereby waived by Purchaser, to the extent permitted by law." ¶ The complaint sought damages from the original sponsor, its associate entities and their principals with

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