Nonpayment Cases Consolidated

(Decision submitted by William J. Gribben of the Manhattan law firm of Himmelstein, McConnell & Gribben, attorneys for the tenants.) Landlord separately sued four tenants engaged in a rent strike for nonpayment. Two tenants asked for, and were granted, jury trials. The other two tenants had valid jury-waiver clauses in their leases. Tenants asked that the four cases be consolidated. The court agreed because all of the tenants lived in the same building, were represented by the same attorney, were being sued for nonpayment for the same period of time, and had raised similar claims and defenses. A joint trial would be held for the four cases. But the judge would decide the cases for the two tenants with the jury-waiver clause in their leases, while the jury would decide the other two cases.

Yucca Holding Corp. v. Zieman et al.: L&T Index Nos. 052487/94, 52487/94, 52489/94, 57864/94, 57865/94 (4/13/94) (Civ. Ct. NY; Bransten, J) [9-page document]