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Jenkins v. Jamesway Department Store

Appellate Division of the Supreme Court of New York, Third Department
Jun 27, 1991
174 A.D.2d 963 (N.Y. App. Div. 1991)

Summary

holding that contractual jury trial waivers will be deemed valid and enforceable unless the challenging party can show an adequate basis for denying their enforcement

Summary of this case from Lowe Enterprises v. Dist. Ct.

Opinion

June 27, 1991

Appeal from the Supreme Court, Schenectady County (Lynch, J.).


In contending that their motion for summary judgment to dismiss the complaint should have been granted, defendants argue that there were reasonable grounds for detaining plaintiff. However, in initially making their motion this issue was not raised before Supreme Court. It is therefore not properly before this court and may not be considered for the first time on appeal (see, Rohdie v Michael Guidice, Inc., 132 A.D.2d 541; Soto v Frank's Beer Soda, 128 A.D.2d 604). An examination of the record before us contains nothing to merit consideration of this issue in the interest of justice (see, Peoples Commercial Bank v Greene Distrib., 149 A.D.2d 774).

Casey, J.P., Weiss, Mikoll, Crew III and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.


Summaries of

Jenkins v. Jamesway Department Store

Appellate Division of the Supreme Court of New York, Third Department
Jun 27, 1991
174 A.D.2d 963 (N.Y. App. Div. 1991)

holding that contractual jury trial waivers will be deemed valid and enforceable unless the challenging party can show an adequate basis for denying their enforcement

Summary of this case from Lowe Enterprises v. Dist. Ct.

stating that contractual jury trial waivers are valid and enforceable, unless the party attacking their validity can show adequate basis to deny enforcement

Summary of this case from Lowe Enterprises v. Dist. Ct.

noting defendant's failure to "set forth . . . adequate basis to set aside the waivers"

Summary of this case from L & R Realty v. Connecticut National Bank
Case details for

Jenkins v. Jamesway Department Store

Case Details

Full title:BYRON JENKINS, Respondent, v. JAMESWAY DEPARTMENT STORE et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 27, 1991

Citations

174 A.D.2d 963 (N.Y. App. Div. 1991)
571 N.Y.S.2d 650

Citing Cases

Lowe Enterprises v. Dist. Ct.

982) (holding that a contractual jury trial waiver contained in a lease agreement is enforceable if the…

Rincon EV Realty LLC v. CP III Rincon Towers, Inc.

Under New York law, predispute contractual jury trial waivers generally are enforceable. (Barclays Bank of…