Kurzner v. Sutton Owners Corp.

—Order, Supreme Court, New York County (David Saxe, J.), entered March 26, 1997, which, in an action by plaintiffs for an injunction compelling defendant to make repairs to plaintiffs’ apartment, property damage, and breach of the warranty of habitability, denied defendant’s motion to strike plaintiffs’ jury demand and to dismiss claims for trespass and property damage, unanimously modified, on the law, and the motion granted to the extent that the jury demand is stricken and the cause of action for trespass is dismissed, and, as so modified, affirmed, without costs.

Plaintiffs waived the…