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SWINGER REALTY v. KIZNER IMPS.

70 Misc.2d 742 (1972)

Swinger Realty Corp., Respondent, v. A. S. Kizner Imports, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

March 2, 1972

Attorney(s) appearing for the Case

N. George Turchin for appellant. George Pollack for respondent.

Concur — MARKOWITZ and QUINN, JJ., in Per Curiam opinion; LUPIANO, J. P., concurs in result in separate opinion.

Per Curiam.

Plaintiff's second cause of action is for "damages sustained to premises by tenant installing security gate on premises without consent of plaintiff." Section 259-c of the Real Property Law provides that a provision in a lease that a trial by jury is waived in any action "brought by either of the parties thereto against the other in any action for personal injury or property damage" is null and void....

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