50 Broad Street, Inc. v. Knobloch

The omnibus order appealed from is modified in the following respects: The landlords ’ motion to strike this cause from the jury calendar is granted. The jury waiver provision applies to this proceeding instituted by the landlords to recover possession of the tenant’s space pursuant to section 8 (subd. [gg], par. [1]) of the Business Bent Law (Klipack v. Raymar Novelties, 273 App. Div. 54; Stephenson v. 30 Fifth Ave., 1 A D 2d 469).

Landlords’ motion to strike out the second affirmative defense is granted. In a holdover proceeding brought pursuant to section 8 (subd. [gg], par. [1]) of the…