JAMES BENJAMIN, INC. v. TRUMP CPS, L. L. C.


289 A.D.2d 113 (2001)

734 N.Y.S.2d 167

JAMES BENJAMIN, INC., et al., Appellants, v. TRUMP CPS, L. L. C., et al., Respondents. (And a Third-Party Action.)

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

Decided December 18, 2001.


This is an action to replevy personal property levied upon by defendants, and for damages for conversion of said property. Defendants' motion to strike plaintiffs' jury demand was grounded on a standard jury waiver clause in the lease between the parties. In article 25 of the lease, the parties agreed to waive trial by jury in any action "except for personal injury or property damage." The exception preserves the right to a jury trial in an action for tortious damage by conversion...

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