Jury Waiver Clause Applies to Eviction Case Based on Nuisance

Landlord sued to evict rent-controlled tenant for nuisance. Tenant demanded a jury trial. Landlord argued that tenant wasn't entitled to a jury trial because tenant's original 1968 lease contained a jury waiver clause. Tenant claimed the jury waiver clause applied only to disputes regarding the nonpayment of rent. The court ruled for landlord. The lease clause in question stated that both sides agreed to waive a jury trial ''in the event of a dispute arising between the parties hereto, whether concerning this lease or otherwise.'' The jury waiver clause wasn't limited to nonpayment issues.

Lew Realty LLC V. Chiremba: NYLJ, p. 26, col. 4 (2/11/98) (Civ. Ct. NY; Acosta, J)