Summary
finding provision stating "I waive my right to a trial by jury in any action, proceeding, or counterclaim in any way connected with this agreement or the plan" to be unambiguous and valid
Summary of this case from Tech. Support Serv. v. I.B.M. Corp.Opinion
November 9, 1992
Appeal from the Supreme Court, Richmond County (Amann, J.).
Ordered that the order is affirmed, with costs.
The plaintiffs executed contracts of sale for the purchase of their condominium which provided, "I waive my right to trial by jury in any action, proceeding, or counterclaim in any way connected with this agreement or the plan". We reject the plaintiffs' contentions that this provision was so ambiguous as to be unenforceable, and that it did not apply to all the defendants (see, Chemical Bank v Summers, 67 A.D.2d 856). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.