Affidavits Required to Decide Jury Demand Issue

April 1, 1993

LVT Number: 6856

Landlord sued to evict tenant for nonpayment of rent. Tenant demanded a jury trial. Landlord pointed out that tenant's lease contained a jury waiver clause, and asked the court to deny tenant's jury demand. But, neither landlord nor tenant were the named parties on the lease to the apartment. Their statements in court papers as to whether the jury waiver clause applied had been made by their attorneys---and not directly made by either of them. The court ruled it needed sworn statements by landlord and tenant themselves and wouldn't decide the case before those affidavits were submitted.

Landlord sued to evict tenant for nonpayment of rent. Tenant demanded a jury trial. Landlord pointed out that tenant's lease contained a jury waiver clause, and asked the court to deny tenant's jury demand. But, neither landlord nor tenant were the named parties on the lease to the apartment. Their statements in court papers as to whether the jury waiver clause applied had been made by their attorneys---and not directly made by either of them. The court ruled it needed sworn statements by landlord and tenant themselves and wouldn't decide the case before those affidavits were submitted.

MB Flatbush Realty Co. v. Meritt: NYLJ, p. 25, col. 4 (3/24/93) (Civ. Ct. Kings; Gould, J)

Topics

More like this