BATTIATO v. ARGENTIERI


10 Misc.2d 624 (1958)

Maria Battiato, Landlord, v. Angelo Argentieri et al., Tenants.

Municipal Court of the City of New York, Borough of The Bronx.

February 18, 1958.


Attorney(s) appearing for the Case

John M. Diserio for landlord.

Joseph F. Valente for Emily Rescigno, tenant.

Angelo Argentieri, tenant in person.


ARTHUR WACHTEL, J.

The landlord moves to strike this case from the jury calendar and relies, in support of the motion, upon a jury waiver clause in a lease entered into between the landlord and the tenants upon September 25, 1943, for a term of three years, commencing October 1, 1943, and ending September 30, 1946. The jury waiver clause in the said lease provides that "the tenant waives and will waive all rights...

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