Levy v. New York Majestic Corp.

Plaintiffs, husband and wife, sue the owner of a house in which they occupied an apartment for damages resulting from injuries the wife sustained from a fall on a stairway used in common by tenants and others. At the time of the accident the husband’s lease had expired and a statutory tenancy was in effect. One of the terms of the lease that was projected into and continued in the statutory tenancy reads as follows: “ It is mutually agreed by and between the Landlord and Tenant that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or…