Jury Waiver Clause Unenforceable

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant demanded a jury trial, even though there was a jury waiver clause in her 1969 lease. Landlord asked the court to strike the jury demand. The court ruled against landlord. The court said that the jury waiver clause in the 1969 lease was unenforceable in a nonprimary residence case because the lease provision was written before nonprimary residence was a legal grounds for eviction in 1983. Since nonprimary residence didn't exist as a reason to evict tenant in 1969 when the lease was signed, tenant couldn't have agreed at that time to a jury waiver clause covering nonprimary residence cases.

500 West End LLC v. Merkin: NYLJ, 4/26/00, p. 28, col. 4 (Civ. Ct. NY; Fitzpatrick, J)