Ripple's of Clearview, Inc. v. Le Havre Associates

In an action, inter alia, for a judgment declaring plaintiff’s rights under a sublease and to recover money damages (which was consolidated with a holdover proceeding commenced by defendant), plaintiff appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated November 6, 1981, which granted defendant’s motion to strike plaintiff’s demand for a jury trial of specified issues. Order affirmed, without costs or disbursements. Plaintiff’s affirmation of the existence of the sublease prohibits it from repudiating the provision in that sublease in which it waives its right to a…