COLLINS v. EICHENBAUM


296 A.D.2d 326 (2002)

744 N.Y.S.2d 399

STEWART COLLINS et al., Appellants, v. IRVING EICHENBAUM, Respondent.

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

Decided July 2, 2002.


There is no prohibition, under statute or the New York City Loft Board's determination concerning the subject premises, against a lease clause waiving the right to a jury trial, and tenants are not entitled to the automatic exclusion of such a clause when negotiations on the issue with the landlord prove futile.

Tenants concede that the parties never agreed that landlord would waive the right to recover possession of any unit in the premises for his own use, and their...

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