LERNER v. RIVERA


25 Misc.2d 558 (1960)

Sylvia B. Lerner, as Executrix of Ester Lerner, Deceased, Landlord, v. Raymon Rivera, Tenant.

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

October 10, 1960.


Attorney(s) appearing for the Case

Elihu Novick for landlord. Stanley L. Pines for tenant.


ARTHUR WACHTEL, J.

This is a motion to strike this case from the Jury Calendar on the basis of a jury waiver clause in the written lease relied upon herein, and also to strike the tenant's counterclaim upon the basis of a clause in the lease, prohibiting the interposition of a setoff or counterclaim.

This is a summary proceeding for nonpayment of rent of apartment No. 6 occupied by the tenant in the premises in question. Tenant interposed a general...

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