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AVE. ASSOC. v. BUXBAUM

83 Misc.2d 134 (1975)

Avenue Associates, Inc., Petitioner, v. Carol J. Buxbaum et al., Respondents. (Proceeding No. 1.) Walter Wouk, as Agent for Gyse Realty Corp., Petitioner, v. Mildred Harewood, Respondent. (Proceeding No. 2.) Ronald Marx, Petitioner, v. James Cotinas, Respondent. (Proceeding No. 3.) Nathan Seidman, as Agent for Chelton Realty Corp., Petitioner, v. Wilbert Tyler, Respondent. (Proceeding No. 4.)

Civil Court of the City of New York, Trial Term, New York County.

June 4, 1975

Attorney(s) appearing for the Case

LaPenna & Tuckman (Emory Gardiner of counsel), for petitioner. Mandel & Solomon, P. C., for respondent. (Proceeding No. 1.) Borah, Altschuler & Borah for petitioner. Carl O. Callenden and John Draghi for respondent. (Proceeding No. 2.) Borah, Altschuler & Borah for petitioner. Carolyn Kubitschek and George C. Stewart for respondent. (Proceeding No. 3.) Harold N. Eder for petitioner. Jeffrey E. Glen, John Kirklin, John Corwin, John C. Gray, Jr., and Janet Benshoof for respondent. (Proceeding No. 4.)

LEONARD N. COHEN, J.

Four separate summary proceedings, in which the facts vary but the respective landlord's motions raise common issues of law, are considered together. (Avenue Assoc. v Buxbaum; Marx v Cotinas; Wouk v Harewood; Seidman v Tyler.) In each, the respondent tenant demands a trial by jury, and the petitioner landlord moves to strike the demand on grounds of a lease "waiver...

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