Print Used on Lease Isn't Large Enough

May 31, 1993

LVT Number: 7006

Landlord sued to evict tenant. Tenant demanded a jury trial despite the jury waiver clause in his lease. Tenant claimed that the jury waiver clause was invalid because the print used on the lease was too small. The lease was a 1977 Blumberg form lease. Blumberg testified that the type was set in metal Linotype 8 points in depth. However, the size of the print actually appearing on the lease was admittedly slightly smaller. Tenant's expert claimed that the capital letters were 7 points and the lower case letters were 6 points.

Landlord sued to evict tenant. Tenant demanded a jury trial despite the jury waiver clause in his lease. Tenant claimed that the jury waiver clause was invalid because the print used on the lease was too small. The lease was a 1977 Blumberg form lease. Blumberg testified that the type was set in metal Linotype 8 points in depth. However, the size of the print actually appearing on the lease was admittedly slightly smaller. Tenant's expert claimed that the capital letters were 7 points and the lower case letters were 6 points. By law, the print on a lease must be 8 points in depth or else the lease can't be used in court as proof. The court ruled that the jury waiver clause in tenant's lease was invalid, and tenant was entitled to a jury trial.

Old New York One Corp. v. Szabo: NYLJ, p. 23, col. 3 (5/26/93) (Civ. Ct. NY; York, J)

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