Battiato v. Argentieri

The landlord moves to strike this case from the jury calendar and relies, in support of the motion, upon a jury waiver clause in a lease entered into between the landlord and the tenants upon September 25, 1943, for a term of three years, commencing October 1, 1943, and ending September 30, 1946. The jury waiver clause in the said lease provides that ‘ ‘ the tenant waives and will waive all rights to trial by jury in any summary proceeding hereafter instituted by the landlord against the tenant in respect to the demised premises or in any action brought to recover rent or damages hereunder.”…