HOLROD ASSOC v. TOMANOVITS


120 Misc.2d 551 (1983)

Holrod Associates, Appellant, v. Gabriella Tomanovits, Respondent.

Supreme Court, Appellate Term, First Department.

July 8, 1983


Attorney(s) appearing for the Case

Fitzgerald, Fitzgerald & Doyle, P. C. (Eliot J. Cherson of counsel), for appellant. Steiner & Unterman (Leonard Steiner of counsel), for respondent.

DUDLEY, P. J., HUGHES and PARNESS, JJ., concur.


Per Curiam.

Order entered January 4, 1983, reversed, with $10 costs, landlord's motion to strike jury demand granted, and tenant's counterclaim for property damage severed.

The lease of the rent-stabilized tenant, which expired October 31, 1981, contained a legally enforceable jury waiver clause. Upon the expiration of that lease, tenant elected to renew for three years and executed a lease renewal to that effect. That instrument provided, inter...

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