Winik v. Klienfeld

The landlord moves to strike this proceeding from the jury calendar by reason of a jury waiver clause contained in an expired lease.

The tenant continued in possession after the expiration of the term of the original lease, on August 31, 1941, and has continued in possession to the present date. The lease contains an automatic renewal clause, the landlord having failed to give the written notice mentioned in section 230 of the Beal Property Law. This statute provides: “No provision of a lease of any real property or premises which states that the term thereof shall be deemed renewed for a…