Rappaport v. Elmorton Holding Corp.

The action is by a tenant against his landlord to recover property damage allegedly sustained in consequence of the breakage of steam and water pipes in the apartment occupied by plaintiff. The lease between the parties contains the following provision:

“ The lessee waives and will waive all rights to trial by jury in any summary proceeding hereafter instituted by the lessor against the lessee in respect to the demised premises, or in any action brought to recover rent or damages hereunder.”

A provision in an agreement for the waiver of the-right to trial by jury should, to be enforcible, be…