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WELLS FARGO BANK v. STARGATE FILMS, INC.

18 A.D.3d 264 (2005)

795 N.Y.S.2d 18

WELLS FARGO BANK, NATIONAL ASSOCIATION, Appellant, v. STARGATE FILMS, INC., et al., Respondents.

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

May 12, 2005.

Although the equipment lease of plaintiff's assignor, in this rent recovery action, contained a provision waiving the right to trial by jury in any litigation arising out of that lease, that waiver does not apply to a sufficiently pleaded defense that amounts to a claim of fraudulent inducement challenging the validity of the agreement (Ferry v Poughkeepsie Galleria Co., 197 A.D.2d 913 [1993]; Bank of N.Y. v Cheng Yu Corp.,

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