Legal Opinion · Dissent

Lindenwood Realty Co. v. Feldman

Appellate Terms of the Supreme Court of New York

Decided January 6, 1971Published

1DissentGulotta, J.

This is an action by a landlord sounding in contract to recover rent, property damage to leased premises and attorney’s fees pursuant to the terms of a lease between the parties.

The lease provides for waiver of a jury trial in the following language: “ 23. It is mutually agreed by and between Landlord and Tenant that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant’s use or…

2Cases cited1 opinion

  1. Parise v. Seaman Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1951

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