Jury Waiver Clause Applies to Tenant's Counterclaims

March 1, 1994

LVT Number: 8608

Landlord sued to evict tenant. Tenant made counterclaims, which the court found he could do. The counterclaims were closely tied to the claims in landlord's petition. Tenant's lease also contained a jury waiver clause which, in general, would permit tenant to demand a jury whenever landlord could demand one. Tenant demanded a jury trial, and landlord objected. The court ruled against tenant. By law, when tenant raises counterclaims, he gives up his right to a jury trial at least for those counterclaims.

Landlord sued to evict tenant. Tenant made counterclaims, which the court found he could do. The counterclaims were closely tied to the claims in landlord's petition. Tenant's lease also contained a jury waiver clause which, in general, would permit tenant to demand a jury whenever landlord could demand one. Tenant demanded a jury trial, and landlord objected. The court ruled against tenant. By law, when tenant raises counterclaims, he gives up his right to a jury trial at least for those counterclaims.

Pik Record Co. v. Landes: NYLJ, p. 22, col. 5 (2/16/94) (Civ. Ct. NY; Braun, J)

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