Jury Waiver Clause Applies to Subtenant

May 31, 1994

LVT Number: 8860

Landlord sued to evict subtenant. Subtenant demanded a jury trial. The trial court ruled against subtenant, and he appealed. The appeals court again ruled against subtenant. The lease between landlord and tenant contained a jury waiver clause and a provision that all the terms of tenant's lease were to apply to any month-to-month holdover tenancy. Subtenant is bound by the provisions of tenant's lease.

Landlord sued to evict subtenant. Subtenant demanded a jury trial. The trial court ruled against subtenant, and he appealed. The appeals court again ruled against subtenant. The lease between landlord and tenant contained a jury waiver clause and a provision that all the terms of tenant's lease were to apply to any month-to-month holdover tenancy. Subtenant is bound by the provisions of tenant's lease.

11 Park Place Associates v. Barnes: NYLJ, p. 26, col. 4 (5/19/94) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Kupferman, Ross, Rubin, JJ)

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