Legal Opinion
Estate of Greenberg v. Schefler
Appellate Terms of the Supreme Court of New York
Decided October 26, 1979PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered July 5, 1979 (B. Cohen, J.) is reversed, with *309$10 costs, and the landlord’s motion to strike tenant’s jury demand is granted.
Special Term determined the jury waiver provision of the lease between the parties to be unconscionable as a matter of law and thus unenforceable (Real Property Law, § 235-c, subd 1). We disagree.
The courts have consistently upheld the validity of jury waiver clauses. In 1975, this court noted, "A provision in a lease waiving a trial by jury in the event of any litigation between the parties is valid and binding” (Avenue Assoc. v…
3Cases cited9 opinions
- Waterside Holding Corp. v. LaskAppellate Division of the Supreme Court of the State of New York · 1931
- Avenue Associates, Inc. v. BuxbaumAppellate Terms of the Supreme Court of New York · 1975
- James Talcott, Inc. v. Wilson Hosiery Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Manufacturers & Traders Trust Co. v. Commercial Door & Hardware, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Kwiatkowski v. Brotherhood of American YeomenNew York Court of Appeals · 1926
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4Cited by5 opinions
- Pers Travel, Inc. v. Canal Square AssociatesDistrict of Columbia Court of Appeals · 2002
- Lana Estates, Inc. v. National Energy Reduction Corp.Civil Court of the City of New York · 1984
- Fairfax Co. v. Samson Realty, L.L.C.Fairfax County Circuit Court · 2007
- Monarch Property Associates v. BenjaminCivil Court of the City of New York · 1981
- 2475 Hughes Ave. Realty Corp. v. GonzalezCivil Court of the City of New York · 2010