Legal Opinion
Waterside Holding Corp. v. Lask
Appellate Division of the Supreme Court of the State of New York
Decided November 6, 1931PublishedCited by 15 opinions
1Per curiam
The Appellate Term has decided that a provision in a lease, waiving in advance a jury trial in the event of litigation between the landlord and tenant, is void as against public policy. This court has previously reversed a similar holding of the Appellate Term. (Zeesell Realty Co., Inc., v. Cunningham, 215 App. Div. 811.) We adhere to that view.
On the merits the counterclaim set up by the tenant is insufficient. There was no evidence of negligence on the part of the landlord. (Drescher Rothberg Co. v. Landeker, 140 N. Y. Supp. 1025, quoted with approval in Kessler v. The Ansonia, 253 N. Y.…
2Cases cited3 opinions
- Kessler v. the AnsoniaNew York Court of Appeals · 1930
- Drescher Rothberg Co. v. LandekerAppellate Terms of the Supreme Court of New York · 1913
- Zeesell Realty Co. v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1926
3Cited by15 opinions
- Pers Travel, Inc. v. Canal Square AssociatesDistrict of Columbia Court of Appeals · 2002
- Import Alley of Mid-Island, Inc. v. Mid-Island Shopping Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Amazon Management Corp. v. PaffAppellate Terms of the Supreme Court of New York · 1938
- Fowler Court Tenants, Inc. v. YoungCivil Court of the City of New York · 1983
- Nowey v. KravitzSupreme Court of Connecticut · 1947
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