Court Strikes Tenants' Untimely Jury Demand in Eviction Case

March 27, 2023

LVT Number: #32509

Landlord sued to evict tenants after terminating their month-to-month tenancy by 90-day notice. At some point, tenants filed a jury demand for trial. Landlord claimed that the demand was untimely and asked the court to strike the jury demand. The court ruled for landlord and denied the jury demand. Tenants had filed an answer to landlord's petition seven months earlier and hadn't sought to amend their answer. NY City Civ. Ct. Act Section 1303(a) requires a party to demand a jury trial at the time he appears in person to answer.

Landlord sued to evict tenants after terminating their month-to-month tenancy by 90-day notice. At some point, tenants filed a jury demand for trial. Landlord claimed that the demand was untimely and asked the court to strike the jury demand. The court ruled for landlord and denied the jury demand. Tenants had filed an answer to landlord's petition seven months earlier and hadn't sought to amend their answer. NY City Civ. Ct. Act Section 1303(a) requires a party to demand a jury trial at the time he appears in person to answer. In addition, tenants had asserted equitable counterclaims in their answer, where they claimed they were entitled to a life estate in the premises. This required the court to deem the jury demand waived.  

Mohan v. Balgobin: Index No. L&T 303571/2020, 2023 NY Slip Op 23041 (Civ. Ct. Bronx; 2/6/23; Tovar, J)

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