SHAPIRO v. MARSTONE DISTRIBS., INC.


40 A.D.2d 878 (1972)

Benjamin Shapiro, Respondent, v. Marstone Distributors, Inc., Defendant, and United States Steel Corporation (Certified Industries Division), Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 27, 1972


Order reversed, with $20 costs and disbursements, and motion denied.

Plaintiff and defendant Marstone entered into a lease dated October 3, 1960 which provided in paragraph 20: "The lessor and the lessee do hereby waive a trial by jury in any action, proceeding or counterclaim brought by either of them against the other on any matters whatsoever arising out of or in any way connected with this lease, the relationship of landlord and tenant, tenant's use or occupancy...

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