Tenant Didn't Give Up Right to Jury Trial

April 1, 1996

LVT Number: 10521

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord waited too long---six years---to start the case. Tenant also claimed breach of the warranty of habitability and intentional infliction of mental distress. Tenant also asked for a jury trial. Landlord noted that the issue of whether landlord waited too long to proceed against tenant was a legal issue to be decided by the court, not a jury. Landlord argued that therefore tenant waived the right to a jury trial. The court ruled against landlord, and landlord appealed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord waited too long---six years---to start the case. Tenant also claimed breach of the warranty of habitability and intentional infliction of mental distress. Tenant also asked for a jury trial. Landlord noted that the issue of whether landlord waited too long to proceed against tenant was a legal issue to be decided by the court, not a jury. Landlord argued that therefore tenant waived the right to a jury trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord on this issue. A judge could decide the issue of delay without tenant giving up the right to jury trial on the rest of the issues in the case.

140 W. 57th St. Corp. v. Bovet: NYLJ, p. 25, col. 2 (3/5/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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