Tenant Bound by Jury Waiver Clause

August 31, 2006

LVT Number: 19114

Landlord sued to evict tenant. Tenant claimed a breach of warranty of habitability. Tenant also asked for a jury trial and lost. The court said that the lease contained a jury waiver clause. Tenant appealed and lost. Tenant was bound by the jury waiver clause of her lease, especially because tenant had relied on that provision in a prior court case.

Landlord sued to evict tenant. Tenant claimed a breach of warranty of habitability. Tenant also asked for a jury trial and lost. The court said that the lease contained a jury waiver clause. Tenant appealed and lost. Tenant was bound by the jury waiver clause of her lease, especially because tenant had relied on that provision in a prior court case.

Samra v. Rosen: NYLJ, 8/1/06, p. 32, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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