Avenue Associates, Inc. v. Buxbaum

Four separate summary proceedings, in which the facts vary but the respective landlord’s motions raise common issues of law, are considered together. (Avenue Assoc. v Buxbaum; Marx v Cotinas; Wouk v Harewood; Seidman v Tyler.) In each, the respondent tenant demands a trial by jury, and the petitioner landlord moves to strike the demand on grounds of a lease "waiver.”

The questions to be decided are: Is there a right to a jury trial in tenant-landlord proceedings? If so, under what circumstances may this right be waived? Are such circumstances present herein?

There are constitutional and…