Occupant Waived Jury Waiver Clause

May 31, 1995

LVT Number: 9787

Landlord sued to evict occupant of rentcontrolled tenant's apartment after tenant moved out. Occupant claimed he had a right to a jury trial. The court ruled against occupant on this issue. Tenant's lease contained a jury waiver clause. And occupant waived any right to a jury trial by raising equitable defenses that must be tried by the judge.

Landlord sued to evict occupant of rentcontrolled tenant's apartment after tenant moved out. Occupant claimed he had a right to a jury trial. The court ruled against occupant on this issue. Tenant's lease contained a jury waiver clause. And occupant waived any right to a jury trial by raising equitable defenses that must be tried by the judge.

910 West End Avenue, Ltd. v. Buckner: NYLJ, p. 30, col. 1 (5/3/95) (App. T. 1 Dept.; Parness,JP, Miller, Glen, JJ)

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