Legal Opinion

Klipack v. Raymar Novelties, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1947PublishedCited by 18 opinions

1Opinion of the CourtShxeetag, J.

The question presented on this appeal involves ■ the application of a waiver of jury clause in a written lease to causes of action created by the Commercial Rent Law enacted subsequent to the date of the lease.

The provision for waiver of a jury trial is quite broad and reads as follows:61 It is mutually agreed by and between Landlord and Tenant that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with…

2Cases cited1 opinion

  1. Stern v. . Equitable Trust Co.New York Court of Appeals · 1924

3Cited by18 opinions

  1. Stephen Estates, Inc. v. KaplanCity of New York Municipal Court · 1950
  2. Edwards v. Ollen Restaurant Corp.City of New York Municipal Court · 1950
  3. Brown v. DennerCity of New York Municipal Court · 1961
  4. Cohn v. AdlerAppellate Division of the Supreme Court of the State of New York · 1988
  5. Bldg Management Co. v. SchwartzCivil Court of the City of New York · 2004

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