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STEPHENSON v. 30 FIFTH AVE.

1 A.D.2d 469 (1956)

Alex Stephenson, Respondent, v. 30 Fifth Ave., Inc., Appellant

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

May 8, 1956.

Attorney(s) appearing for the Case

George Popkin for appellant.

Francis O. Mayer of counsel (Elmer J. Hoare with him on the brief; Angulo, Cooney, Marsh & Ouchterloney, attorneys), for respondent.

PECK, P. J., BREITEL, RABIN and COX, JJ., concur.

Per Curiam.

This is an action by a tenant against a landlord for alleged overcharges. The action is predicated upon the emergency rent law.

The lease between the parties stipulated for the waiver of a jury trial in any action relating to "any matters whatsoever arising out, or in any way connected with this lease, the tenant's use and occupancy of said premises". The question on this appeal is whether the waiver...

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