Partial summary judgment against the defendant tenant and individual guarantor Britz was properly granted by the IAS Court. Both the tenant, and Britz under his personal guaranty, waived their right to a jury trial with respect to any claims arising under the lease or guarantee and, accordingly, Britz may not complain that he was denied a trial by jury on his claim that a substitute guarantee which would have obviated his liability as an individual guarantor was timely mailed...
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