Legal Opinion
Street v. Davis
Civil Court of the City of New York
Decided June 16, 1989PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Alice Schlesinger, J.
In this holdover proceeding where the landlord is alleging respondent tenant Davis has illegally sublet and/or assigned his apartment to respondent undertenants David Schlacter and David Eason, the respondents have moved in the first instance for leave to file a late jury demand.
Petitioner landlord opposes, but not on the technical grounds of lateness. In this regard they claim no prejudice. Rather, they argue that a lease waiver clause applies to all respondents and bars a jury trial. Alternatively, they point to *984the sixth and seventh defenses in the…
2Cases cited9 opinions
- Aetna Insurance v. Kennedy Ex Rel. BogashSupreme Court of the United States · 1937
- Sommer v. New York City Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1983
- McMurray v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1988
- Filippazzo v. Garden State Brickface Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Koslowski v. PalmieriAppellate Terms of the Supreme Court of New York · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- 81 Franklin Co. v. GinacciniCivil Court of the City of New York · 1990
- Jocar Realty Co. v. GalasCivil Court of the City of New York · 1998