Legal Opinion
Dunbar Associates v. Mulzac
Civil Court of the City of New York
Decided March 15, 1978Published
1Opinion of the Court
OPINION OF THE COURT
Herman Cahn, J.
In this nonpayment proceeding, respondent moves for permission to file a jury demand, and petitioner cross-moves to prohibit the filing of the same, or in the alternative to vacate it.
The premises are residential premises occupied by respondent pursuant to the terms of a lease executed in 1967, the term of which lease was extended by operation of the emergency rent laws. The lease contains a "jury waiver” clause, by *871which the tenant waived her right to trial by jury, although the landlord did not.
Respondent has interposed two counterclaims based upon a…
2Cases cited6 opinions
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Amanuensis, Ltd. v. BrownCivil Court of the City of New York · 1971
- Klipack v. Raymar Novelties, Inc.Appellate Division of the Supreme Court of the State of New York · 1947
- Avenue Associates, Inc. v. BuxbaumAppellate Terms of the Supreme Court of New York · 1975
- Levy v. New York Majestic Corp.Appellate Division of the Supreme Court of the State of New York · 1957
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