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MERCHS. BANK OF NEW YORK v. BASS & BASS, INC.

208 A.D.2d 468 (1994)

617 N.Y.S.2d 641

Merchants Bank of New York, Respondent, v. Bass & Bass, Inc., et al., Appellants

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

October 27, 1994

The second counterclaim, which alleges failure of the Bank to collect certain monies on behalf of Bass & Bass, Inc. pursuant to, inter alia, an irrevocable letter of credit issued by Metro Plaza, Inc., is not based on the notes upon which plaintiff sues and which contain a jury trial waiver. Accordingly, the second counterclaim should be severed from the other counterclaims and presented to a jury (Chemical Bank v Summers, 67 A.D.2d 856...

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