Landlord Entitled to Back Rent

December 1, 1999

LVT Number: 13720

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant claimed that landlord's court papers weren't properly delivered and that the court improperly denied his demand for a jury trial. The appeals court ruled against tenant. Tenant didn't make any claims about improper delivery to the trial court. And tenant's lease contained a jury waiver clause. Tenant's claim that he didn't read the lease clause before signing the lease was no reason for not enforcing this provision.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant claimed that landlord's court papers weren't properly delivered and that the court improperly denied his demand for a jury trial. The appeals court ruled against tenant. Tenant didn't make any claims about improper delivery to the trial court. And tenant's lease contained a jury waiver clause. Tenant's claim that he didn't read the lease clause before signing the lease was no reason for not enforcing this provision.

Nautilus Realty v. Feldstein: NYLJ, p. 36, col. 3 (11/22/99) (App. T.2 Dept.; Scholnick, JP, Aronin, Patterson, JJ)

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