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HIGHBRIDGE HOUSE OGDEN LLC v. HIGHBRIDGE ENTITIES LLC

5005, 650793/14.

155 A.D.3d 505 (2017)

64 N.Y.S.3d 32

2017 NY Slip Op 08187

HIGHBRIDGE HOUSE OGDEN LLC, Respondent, v. HIGHBRIDGE ENTITIES LLC, Appellant.

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

Decided November 21, 2017.

The plain terms of the purchase agreement and the escrow agreement clearly evince the parties' intent to waive their rights to a trial by jury. The right to a jury trial may be waived "in an instrument other than that representing the agreement upon which the action is founded" (Barclays Bank of N.Y. v Heady Elec. Co., 174 A.D.2d 963, 964 [3d Dept 1991], appeal dismissed 78 N.Y...

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