KIMI JEWELERS, INC. v. ADVANCE BURGLAR ALARM SYS., INC.


161 A.D.2d 273 (1990)

Kimi Jewelers, Inc., Appellant, v. Advance Burglar Alarm Systems, Inc., Respondent, et al., Defendants

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

May 8, 1990


Defendant alarm company, assignee of a company which, by agreement, leased to plaintiff an alarm system, could enforce plaintiff's waiver of the right to a jury trial in any action between the parties. As assignee of a contract, which by its terms could be assigned, it cannot be said that plaintiff's waiver was personal as to defendant's predecessor (assignor) and no other, as in the case of James Talcott, Inc. v Le Bou Slax (194 Misc. 620). Moreover, plaintiff should...

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