Jury Waiver Clause Applies to Nonprimary Residence Case

June 30, 2000

LVT Number: 14254

Landlord sued to evict tenant for nonprimary residence. Tenant demanded a jury trial. Landlord pointed out that tenant's 1978 lease contained a jury waiver clause. Tenant argued that the clause shouldn't apply because the lease was signed before the current nonprimary residence law was passed. The court ruled against tenant. The jury waiver clause applied generally to issues of occupancy and landlord's right to recover possession of the apartment.

Landlord sued to evict tenant for nonprimary residence. Tenant demanded a jury trial. Landlord pointed out that tenant's 1978 lease contained a jury waiver clause. Tenant argued that the clause shouldn't apply because the lease was signed before the current nonprimary residence law was passed. The court ruled against tenant. The jury waiver clause applied generally to issues of occupancy and landlord's right to recover possession of the apartment. And in 1978, landlord could have brought a claim for nonprimary residence against tenant before the administrative agency governing rent regulation, rather than in court.

Stribula v. Quinn: NYLJ, 6/21/00, p. 30, col. 4 (Civ. Ct. NY; Schachner, J)

Topics

More like this