Tenant Waived Right to Jury Trial
LVT Number: 11838
Landlord sued to evict rent-stabilized tenant's brother after tenant died. Tenant's brother claimed he'd lived with brother for three years before tenant died. He demanded a jury trial. Tenant's brother argued that landlord couldn't claim he had no pass-on rights and at the same time try to enforce tenant's lease provision against a jury trial. He also claimed he wasn't bound by the lease provision since he wasn't a party to the lease. The court ruled against tenant's brother on this issue. Tenant's initial 1986 lease contained a jury waiver clause by which both landlord and tenant agreed to give up the right to a trial by jury in any court action concerning the lease, landlord-tenant relationship, or tenant's use and occupancy of the apartment. Since tenant's brother's pass-on claim arose out of tenant's lease and was connected with landlord-tenant relationship and the brother's occupancy of the apartment, the jury waiver clause applied.
Ragone v. Graff: NYLJ, p. 26, col. 4 (9/17/97) (Civ. Ct. NY; Shulman, J)