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11 PARK PLACE ASSOCS. v. BARNES

204 A.D.2d 170 (1994)

611 N.Y.S.2d 556

11 Park Place Associates, Respondent, v. Joseph Barnes, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 17, 1994

While appellant is correct that he can rely on the timely jury demand filed by his codefendants (see, Russell v Russell, 40 A.D.2d 945), nevertheless he is not entitled to a jury trial, all of the leases in issue containing a waiver of jury trial and a holdover provision that the terms of the lease were to apply to any month-to-month holdover tenancy. As a subtenant of room 801 appellant was bound by these provisions in the...

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