BOARD OF MGRS. OF THE MODERN 23 CONDOMINIUM v. 350-52 W. 23, LLC

651463/15. 8878A, 8878.

171 A.D.3d 433 (2019)

98 N.Y.S.3d 9

2019 NY Slip Op 02481

Board of Managers of the Modern 23 Condominium, Appellant-Respondent, v. 350-52 West 23, LLC, et al., Respondents-Appellants.

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

Decided April 2, 2019.


The court correctly granted defendant's motion to enforce the jury waiver included in the purchase agreement because the complaint alleged claims arising from that agreement, and the request for a jury waiver was not untimely. Since plaintiff contends that it derived certain rights from the purchase agreement, it should be bound by all of its terms, including the jury waiver.

Defendants' motion for summary judgment was correctly granted in favor of defendant Israel...

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