National Processed Foods Corp. v. Rubel Corp. , 38 N.Y.S.2d 40 ( 1942 )

The lease contains a provision for a waiver of a jury trial by the tenant in any action brought by the landlord. The effect of such consolidation is analogous to the effect of á plaintiff joining in one complaint an equitable action with an action at law — the right to a jury trial is deemed to be waived. (Cf. 4 Carmody’s New York Practice, § 1174.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.