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AVE. ASSOC. v. BUXBAUM

83 Misc.2d 719 (1975)

Avenue Associates, Inc., Appellant, v. Carol J. Buxbaum, Respondent, et al., Undertenant.

Supreme Court, Appellate Term, First Department.

October 7, 1975

Attorney(s) appearing for the Case

La Penna & Tuckman (Louis A. Tuckman and Emory Gardiner of counsel), for appellant. Mandel & Solomon, P. C. (Douglas P. Solomon of counsel), for respondent. Kalman Finkel, John E. Kirklin, John W. Corwin, Guy W. Germano and Jeffrey E. Glen for the Legal Aid Society, amicus curiae.

Concur — FINE, P. J., FRANK and HUGHES, J.J.

Per Curiam.

A provision in a lease waiving a trial by jury in the event of any litigation between the parties is valid and binding (59th & Park Assoc. v La Fond Adv., NYLJ March 3, 1972, p 2, col 4; D.B.S. Assoc. v Feldman, NYLJ, Dec. 3, 1970, p 2, col 2; Bako v 3 Hussars, NYLJ Feb. 19, 1970 p 2, col 1; Lera Realty Co. v Rich, 273 App Div 913) except in an action for personal injury or property damage (Real Property Law, §...

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