407-88 ASSOCS. v. SAWYER


83 Misc.2d 300 (1975)

407-88 Associates, Petitioner, v. Joseph Sawyer, Respondent.

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

July 23, 1975


Attorney(s) appearing for the Case

George C. Stewart and Peter Wendt for respondent. Altschuler & Borah (Haskell Schwartz of counsel), for petitioner.


BRUCE McM. WRIGHT, J.

In this summary holdover proceeding based upon allegations that the tenant violated substantial obligations of his tenancy, he has filed an answer and demanded a trial by jury. Petitioner landlord now moves to strike the jury demand, citing paragraph 26 of the lease between the parties. That paragraph is entitled "Waiver of Trial by Jury," followed by a text claiming mutuality of agreement between landlord and tenant, waiving trial...

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