Tenant Waived Jury Trial

(Decision submitted by William Neville of the Manhattan law firm of Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P.C., attorneys for the landlord.) Landlord sued to evict licensee. Licensee demanded a jury trial. The court ruled against licensee. He had waived any right to a jury trial by asserting equitable defenses. Licensee claimed that landlord had waived the right to evict him and that a prior court ruling barred landlord from proceeding. A judge, not a jury, must decide equitable issues.

Gruma Realty Corp. v. Misui: Index No. 089999/95 (10/10/95) (Civ. Ct. NY; Branston, J) [1-page document]