Kress v. Schulman

Appellate Terms of the Supreme Court of New York

Decided May 12, 1944

Appellate Terms of the Supreme Court of New York · decided 1944-05-12

Cited by 2 later decisions — most recently February 1968

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1944-05-12

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¶1Memorandum

Per Curiam.

¶2The 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.

¶3Order unanimously reversed upon the law, with ten dollars costs,and motion t» strike out tenant’s demand for a jury trial denied.

¶4Concur: MacCrate, Smith and McCooby, JJ.