EST OF GREENBERG v. SCHEFLER


100 Misc.2d 502 (1979)

Estate of Charles Greenberg, Ethel Stutsky, as Executrix, Petitioner, v. Bessie Schefler, Respondent.

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

July 2, 1979


Attorney(s) appearing for the Case

Finkelstein, Schwartz & Goldstein, P. C., for petitioner. Michael D. Kaufman and Calvin R. Jacobs for respondent.


BEVERLY S. COHEN, J.

Landlord petitioner seeks to evict tenant respondent for nonpayment of rent. Respondent in defense and as a counterclaim alleges serious breaches by the petitioner of the warranty of habitability.

Petitioner moves to strike respondent's jury demand.

The petitioner relies upon a unilateral waiver of jury trial that appears in paragraph "7" of the lease. Under subdivision 1 of section 235-c of the Real Property Law,...

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