Subtenant Bound by Jury Waiver Clause

May 31, 2001

LVT Number: 15050

Landlord sued to evict tenant and subtenant. Landlord, tenant, and subtenant signed a settlement agreement in court. Under the agreement, subtenant agreed to move out by a certain date. The terms of the original lease between landlord and tenant also were incorporated into the agreement. Subtenant didn't move out by the agreed-upon date and later demanded a jury trial. Landlord claimed that subtenant was bound by the jury waiver clause in tenant's lease. Subtenant claimed that he wasn't a party to the lease. The court ruled for landlord.

Landlord sued to evict tenant and subtenant. Landlord, tenant, and subtenant signed a settlement agreement in court. Under the agreement, subtenant agreed to move out by a certain date. The terms of the original lease between landlord and tenant also were incorporated into the agreement. Subtenant didn't move out by the agreed-upon date and later demanded a jury trial. Landlord claimed that subtenant was bound by the jury waiver clause in tenant's lease. Subtenant claimed that he wasn't a party to the lease. The court ruled for landlord. The prior settlement agreement incorporated the terms of the lease, and they became one agreement. And subtenant was represented by an attorney at the time he signed the settlement agreement.

81-41 Pasqua Realty LLC v. Ervolino: NYLJ, 5/16/01, p. 18, col. 5 (Civ. Ct. NY; Rakower, J)

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