407-88 Associates v. Sawyer

In this summary holdover proceeding based upon allegations that the tenant violated substantial obligations of his tenancy, he has filed an answer and demanded a trial by jury. Petitioner landlord now moves to strike the jury demand, citing paragraph 26 of the lease between the parties. That paragraph is entitled "Waiver of Trial by Jury,” followed by a text claiming mutuality of agreement between landlord and tenant, waiving trial by jury in summary proceedings.

In opposition to the motion, respondent argues that leases offered to tenants seeking shelter in a scarce housing market, do so on a…