Jury Waiver Lease Clause Applied to Tenant and Daughter

Co-op shareholder tenant, along with her husband and daughter, sued landlord cooperative corporation, claiming disability discrimination. Tenant's husband bought the apartment with her in 2001, and their daughter moved into the apartment with tenants in 2010 due to health issues. Tenant wife and the daughter kept service dogs. The daughter also kept an emotional support dog. By 2013, the dogs became a source of conflict between tenant and landlord. Tenant and her family members claimed that landlord failed to accommodate their disabilities and sought a jury trial. Landlord asked the court to strike the jury demand. The court ruled for landlord. Only the tenant wife signed the proprietary lease agreement. But it was clear that tenants intended to use the apartment for themselves and their immediate family. The proprietary lease contained a jury waiver clause. And tenant's husband and daughter were also bound by the terms of the proprietary lease as third-party beneficiaries of the lease.

Hines v. 1025 Fifth Avenue, Inc.: Index No. 14 Civ. 3661, NYLJ No. 1202719134654 (SDNY; 2/23/15; Scheindlin, DJ)