Tenant Waived Right to Jury Trial

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh) Landlord sued to evict tenant for nonprimary residence. Tenant demanded a jury trial. Landlord argued that tenant wasn't entitled to one. The court ruled for landlord. Tenant had waived her right to a jury trial by raising both legal and equitable defenses in her answer to landlord's petition. For example, in response to landlord's petition, tenant claimed retaliatory eviction, waiver, that landlord had agreed to tenant's situation, and that landlord had waited too long to bring its petition. These were equitable defenses. Tenant tried to automatically amend her answer to delete the equitable defenses but, by law, tenant had only 10 days to do this. Tenant's proposed amended answer wasn't served until 22 days after her original answer. Even if the court allowed tenant to serve an amended answer now, she can't do this simply to maneuver the situation to get a jury trial.

Z.H. Control Co. v. Schuchman: L&T Index No. 099033/92 (10/22/93) (Civ. Ct. NY; Kapnick, J) [3-page document]