BIRCHWOOD ASSOC. v. STEIGAUF


75 Misc.2d 728 (1973)

Birchwood Associates, Plaintiff, v. Edward J. Steigauf et al., Defendants.

District Court of Suffolk County, First District.

October 26, 1973


Attorney(s) appearing for the Case

Harold I. Reichel for plaintiff. Curtis, Hart & Zaklukiewicz for defendants.


ALEXANDER W. KRAMER, J.

This is a motion by the plaintiff to strike the defendants' jury demand.

The plaintiff, as landlord, entered into a lease with the defendants for premises located in Oakdale, County of Suffolk. Paragraph 23 of said lease provides that: "It is mutually agreed by and between Landlord and Tenant that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought...

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