Legal Opinion
Avenue Associates, Inc. v. Buxbaum
Appellate Terms of the Supreme Court of New York
Decided October 7, 1975PublishedCited by 14 opinions
1Per curiam
A provision in a lease waiving a trial by jury in the event of any litigation between the parties is valid and binding (59th & Park Assoc. v La Fond Adv., NYLJ March 3, 1972, p 2, col 4; D.B.S. Assoc. v Feldman, NYLJ, Dec. 3, 1970, p 2, col 2; Bako v 3 Hussars, NYLJ Feb. 19, 1970 p 2, col 1; Lera Realty Co. v Rich, 273 App Div 913) except in an action for personal injury or property damage (Real Property Law, § 259-c; Perlow v Mankato, NYLJ, Sept. 16, 1975 p 10, col 5). Nor, on this record, was tenant entitled to a hearing on this issue.
Order, dated June 4, 1975 (Cohen, J.), reversed, with…
2Cases cited1 opinion
- Lera Realty Co. v. RichAppellate Division of the Supreme Court of the State of New York · 1948
3Cited by14 opinions
- Pers Travel, Inc. v. Canal Square AssociatesDistrict of Columbia Court of Appeals · 2002
- Berlinger v. Suburban Apartment Management Co.Ohio Court of Appeals · 1982
- 65 Central Park West, Inc. v. GreenwaldCivil Court of the City of New York · 1985
- Arol Development Corp. v. Goodie Brand Packing Corp.Civil Court of the City of New York · 1975
- Sorbonne Apartments Co. v. KranzCivil Court of the City of New York · 1978
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