1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 21 Misc.2d
  5. 21 Misc.2d 274 (1959)
 

SWIMMER v. JANIS

21 Misc.2d 274 (1959)

Andrew Swimmer et al., Doing Business as Andrew Swimmer & Son, Appellants, v. Edward Janis et al., Doing Business as Janis Realty Co., Respondents.

Supreme Court, Appellate Term, First Department.

November 12, 1959.

Attorney(s) appearing for the Case

Fried & Fried (Benjamin H. Fried of counsel), for appellants.

Gerard M. Bloomfield for respondents.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The jury waiver in paragraph "23" of the lease must be construed strictly (Caplan v. Goldman, 197 Misc. 404, affd. 278 App. Div. 807). So read, the waiver is confined to action brought to recover rent or damages under paragraph "23". It does not incorporate or contemplate the tort action instituted by plaintiffs (Gach v. Kanelit Realty Corp., 106 N.Y.S.2d 871; Rappaport v. Elmorton Holding Corp...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases