Garsan Realty Corp. v. Kohler

This is an action to recover rent under a written lease. There are two defendants, the tenant under the lease and the guarantor, The guarantor served a demand for a jury trial and the plaintiff has made this motion to strike out such demand.

The lease in suit contains the following clause:

*827“ 23rd: It is expressly understood and agreed by and between the parties hereto that in the event of a dispute between the parties thereto whether concerning this lease or otherwise, which said dispute shall result in a lawsuit between the parties hereto, the tenant agrees to and hereby does waive any right…