Barrow v. Bloomfield

Order entered April 18, 1968, appealed from, unanimously reversed on the law and the facts, with $30 costs and disbursements to appellant, and the motion to strike the action from the General Jury Calendar is denied. In this action by plaintiff, a statutory tenant, for malicious prosecution, defendants rely upon a jury waiver provision contained in the initial lease, since expired. There is no question but that such provision was projected into and continued in the statutory tenancy. The clause in question is contained in paragraph 20 of the lease. That paragraph, when read in its entirety,…