Jury Waiver Clause in 1968 Lease Is Valid
LVT Number: 11982
Landlord sued to evict rent-controlled tenant. Tenant demanded a jury trial. Landlord pointed out that tenant's 1968 lease contained a jury waiver clause. The court ruled for tenant because the print of the jury waiver clause was smaller than that required by law. Landlord appealed and won. The law, CPLR 4544, barring small print in residential leases, applied only to leases entered into on or after July 1, 1976. The jury waiver clause in tenant's lease was valid.
3300 Co. v. Rodde: NYLJ, p. 28, col. 4 (11/17/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)