Legal Opinion

Kress v. Schulman

Appellate Terms of the Supreme Court of New York

Decided May 12, 1944PublishedCited by 2 opinions

1Opinion of the Court

Memorandum

2Per curiam

The clause of the lease waiving a jury trial applies only to actions or proceedings brought under the lease. (Cochanski v. Bankmer Real Estate Corporation, 33 N. Y. S. 2d 34.) The petition discloses that the proceeding herein is not based upon a written lease. The waiver clause, therefore, is inoperative and the tenant has the right to a jury trial.

Order unanimously reversed upon the law, with ten dollars costs,and motion t» strike out tenant’s demand for a jury trial denied.

Concur: MacCrate, Smith and McCooby, JJ.

3Cited by2 opinions

  1. David v. Manufacturers Hanover Trust Co.Civil Court of the City of New York · 1968
  2. Battiato v. ArgentieriCity of New York Municipal Court · 1958