MELTZER v. LINCOLN SQ. APTS.


135 Misc.2d 315 (1987)

Dorothea Meltzer, Plaintiff, v. Lincoln Square Apartments Section V et al., Defendants.

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

April 24, 1987


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan for defendant. Walter S. Jennings & Associates, P. C., for plaintiff.


RICHARD S. LANE, J.

Defendant seeks to strike plaintiff's jury demand pursuant to a lease waiver. As a result of the joinder of causes of action in plaintiff's complaint, this usually routine motion raises an issue of apparent first impression.

Plaintiff has sued herein for breach of the covenant of quiet enjoyment in her lease and also for the prima facie tort of intentional infliction of mental distress. Both causes of action are premised on...

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