ZOHAR CDO 2003-1 LTD. v. XINHUA SPORTS & ENTERTAINMENT LTD.

5837. 651473/11.

158 A.D.3d 594 (2018)

68 N.Y.S.3d 880

2018 NY Slip Op 01294

ZOHAR CDO 2003-1 LIMITED et al., Appellants, v. XINHUA SPORTS & ENTERTAINMENT LIMITED et al., Defendants, and LORETTA FREDDY BUSH, Respondent.

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

Decided February 27, 2018.


The court properly granted the motion to strike plaintiffs' demand for a jury trial. While a party alleging fraudulent inducement that elects to bring an action for damages, as opposed to opting for rescission, may, under certain circumstances, still challenge the validity of the underlying agreement in a way that renders the contractual jury waiver provision in that agreement inapplicable to the fraudulent inducement cause of action (see e.g. J.P. Morgan Sec. Inc. v Ader...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases