Tenant's Lease Barred Jury Trial
LVT Number: #24541
Landlord sued to evict tenant. Tenant demanded a jury trial. The court ruled against tenant because tenant's demand was untimely. Tenant appealed and lost. But the appeals court ruled against tenant for a different reason. Although tenant raised some equitable defenses in response to landlord's petition, there were no equitable counterclaims that required a jury trial. Tenant's lease contained an agreement to waive a jury trial.
Bloomfield v. Cruz: 38 Misc.3d 127(A), 2012 NY Slip Op 52361(U) (App. T. 1 Dept.; 12/27/12; Schoenfeld, JP, Shulman, Hunter Jr., JJ)