Lera Realty Co. v. Rich

In a summary proceeding to recover possession of a store, based upon an alleged holding over by the tenant after the expiration of a written lease, tenant appeals from an order of the City Court of Mount Vernon striking the proceeding from (he jury calendar and restoring the same to the trial calendar for trial without a jury. The lease contained a clause waiving the tenant’s right to a trial by jury “ in any summary proceedings hereafter instituted by the Landlord against the Tenant in respect to the demised premises * * As a defense in the proceeding, and in opposition to the instant…