81 FRANKLIN CO. v. GINACCINI


149 Misc.2d 124 (1990)

81 Franklin Co., a Partnership, Plaintiff, v. Gino Ginaccini, Individually and Doing Business as Pietrasanta Fine Arts, Defendant.

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

October 29, 1990


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Melissa G. Ephron of counsel), for plaintiff. Mantell & Haskel (Michael A. Haskel of counsel), for defendants.


LOUISE GRUNER GANS, J.

In November 1983, plaintiff landlord and defendant tenant executed a five-year commercial lease for the entire second floor of the building located at 81 Franklin Street for use as an "art gallery with work area for sculpturing and for making molds in preparation for casting sculpture works." Paragraph 26 of the lease provides in pertinent part that jury trial is waived "in any action...

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