On July 9, 2026, the First Department issued a decision in Homapour v. 3M Props., LLC, 2026 NY Slip Op. 04371, holding that a jury trial waive can apply to persons who did not sign the agreement containing the waiver, explaining:
The jury demand was also properly struck. The Winters Operating Agreements waived the right to trial by jury in any action or proceeding of any kind or nature arising out of this Agreement or by reason of any other cause or dispute whatsoever between the parties. The right to a jury trial may be waived in an instrument other than that representing the agreement upon which the action is founded—even if the party seeking a jury trial never read that instrument. A jury trial would at any rate not be available in view of the primarily equitable nature of this action, which includes numerous and substantial equitable claims, which are not merely incidental to the legal relief sought, and in which the sole claims for money damages are derivative and thus equitable in nature.
(Internal quotations and citations omitted).