Tenant Gets Jury Trial

LVT Number: 6947

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant asked the court for a jury trial. Landlord claimed that tenant's original lease had a jury waiver clause. But landlord didn't submit to the court a copy of the lease or any sworn statement opposing tenant's request. The trial court ruled that tenant could have a jury trial. Landlord's appeal of this decision was dismissed.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant asked the court for a jury trial. Landlord claimed that tenant's original lease had a jury waiver clause. But landlord didn't submit to the court a copy of the lease or any sworn statement opposing tenant's request. The trial court ruled that tenant could have a jury trial. Landlord's appeal of this decision was dismissed.

Kleiman v. Knights: NYLJ, p. 32, col. 4 (4/2/93) (App. T. 2 Dept.; Aronin, JP, Joy, Scholnick, JJ)