Tenant's Granddaughter Not Bound by Jury Waiver Clause

November 1, 1997

LVT Number: 11911

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died. Granddaughter claimed pass-on rights to the apartment and asked for a jury trial. Landlord asked the court to dismiss this request since tenant's lease contained a jury waiver clause. The court ruled for granddaughter. Landlord claimed that since granddaughter sought rights under deceased tenant's lease, she should be bound by its terms.

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died. Granddaughter claimed pass-on rights to the apartment and asked for a jury trial. Landlord asked the court to dismiss this request since tenant's lease contained a jury waiver clause. The court ruled for granddaughter. Landlord claimed that since granddaughter sought rights under deceased tenant's lease, she should be bound by its terms. But the court found that since granddaughter wasn't as yet found to be a tenant, she couldn't be bound by lease terms since she wasn't a party to the lease.

ACP 301 E. 69th St. Assocs. v. Blake: NYLJ, p. 30, col. 1 (10/29/97) (Civ. Ct. NY; Ling-Cohan, J)

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