Cerana Apartments Corp. v. Solomon

Summary proceedings for non-payment of rent of apartment for the months of September to December, 1933, inclusive.

The tenant filed a verified answer in which he admitted the execution and delivery of the lease.

The case was noticed for trial by jury, and at the opening of the trial the court upon the landlord’s motion discharged the jury. *907The ruling was made under the provision in paragraph seventh of the lease that “ the tenant waives and will waive all right to trial by jury in any summary proceeding hereafter instituted by the landlord against the tenant in respect to the demised premises.”…