Tenant Gave Up Right to Jury in Pass-On Case

September 30, 1995

LVT Number: 10079

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed she was tenant's granddaughter and that she was entitled to remain in the apartment. Occupant demanded a jury trial. Landlord argued that there was a jury waiver clause in tenant's expired lease. The court ruled for occupant, and landlord appealed. The appeals court ruled for landlord, finding that no jury trial was required. The jury waiver provision in rent-controlled tenant's original lease carried over into statutory tenancy.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed she was tenant's granddaughter and that she was entitled to remain in the apartment. Occupant demanded a jury trial. Landlord argued that there was a jury waiver clause in tenant's expired lease. The court ruled for occupant, and landlord appealed. The appeals court ruled for landlord, finding that no jury trial was required. The jury waiver provision in rent-controlled tenant's original lease carried over into statutory tenancy. And if occupant, as she claimed, was a family member entitled to continuation of the rent-controlled tenancy, the lease provision would also continue to apply. The case was sent back for further proceedings.

Arnav Industries, Inc. v. Pollack: NYLJ, p. 25, col. 3 (9/20/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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