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LINDENWOOD REALTY CO. v. FELDMAN

72 Misc.2d 68 (1971)

Lindenwood Realty Co., Respondent, v. Bernard Feldman et al., Appellants.

Supreme Court, Appellate Term, Second Department.

January 6, 1971

Attorney(s) appearing for the Case

Gerald Casper for appellants. Ivars Berzins for respondent.

HOGAN, P. J., and GLICKMAN, J., concur in memorandum; GULOTTA, J., dissents, in opinion.

MEMORANDUM.

The order should be reversed, with $10 costs to defendants, and motion to vacate jury demand denied.

The jury waiver provision in the lease may not be invoked by the landlord with respect to its claim for property damage (Real Property Law, § 259-c).

GULOTTA, J. (dissenting).

This is an action by a landlord sounding in contract to recover rent, property damage to leased...

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