Jury Waiver Clause Doesn't Apply

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell & Gribben, attorneys for the tenant) Landlord sued to evict tenant for nonprimary residence. Tenant demanded a jury trial. Landlord claimed that a trial by jury was barred by tenant's lease. The court ruled for tenant. Landlord's right to evict tenant for nonprimary residence didn't exist at the time tenant signed the lease containing a jury waiver clause. So, it couldn't have been landlord's or tenant's intent to waive the right to a jury trial on this issue.

Odette Realty Co. v. Carisi: Index No. 118543/93 (1/6/94) (Civ. Ct. NY; York, J) [5-page document]