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PRATT v. TRS., SAILORS' SNUG HARBOR

19 Misc.2d 551 (1959)

Oliver G. Pratt, Respondent, v. Trustees of the Sailors' Snug Harbor in the City of New York, Appellant.

Supreme Court, Appellate Term, First Department.

May 28, 1959.

Attorney(s) appearing for the Case

Carb, Luria, Glassner & Cook (Bernard B. Sumliner and David K. Samet of counsel), for appellant.

Sol O. Maltz for respondent.

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

Per Curiam.

The tenant affirmed his leases by remaining in possession of his apartment after discovering the alleged fraud and is bound by all the terms of the lease, including the jury waiver provision contained therein. (Leav v. Weitzner, 268 App. Div. 466.) He is therefore not entitled to a jury trial and the order denying defendant's motion to vacate plaintiff's demand for a trial by jury and striking...

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