Altman v. J. F. Loewi, Inc.

Appellate Terms of the Supreme Court of New York

Altman v. J. F. Loewi, Inc.

5 Misc. 2d 329, 48 N.Y.S.2d 14, 1944 N.Y. Misc. LEXIS 1430

Appellate Terms of the Supreme Court of New York·Decided April 12, 1944·Published·Cited by 1 cases

Opinion

Per Curiam.

Plaintiffs’ cause of action arises “ out of or under the covenants and conditions of ’ ’ the lease. They are, therefore, bound by its terms, one of which waived the right to trial by jury. The fact that the wife was not a party to the lease does not give her any greater rights, particularly in view of the fact that she joined her husband in the action and what[330] ever rights she had to use the storage room stemmed from her occupancy of the apartment which was leased to her husband.

The order should be reversed, with $10 costs, and motion granted.

Sheintag, McLaughlin and Hecht, JJ., concur.

Order reversed, etc.

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Per Curiam.

Plaintiffs’ cause of action arises “ out of or under the covenants and conditions of ’ ’ the lease. They are, therefore, bound by its terms, one of which waived the right to trial by jury. The fact that the wife was not a party to the lease does not give her any greater rights, particularly in view of the fact that she joined her husband in the action and what[330] ever rights she had to use the storage room stemmed from her occupancy of the apartment which was leased to her husband.

The order should be reversed, with $10 costs, and motion granted.

Sheintag, McLaughlin and Hecht, JJ., concur.

Order reversed, etc.

Altman v. J. F. Loewi, Inc., 5 Misc. 2d 329, 48 N.Y.S.2d 14, 1944 N.Y. Misc. LEXIS 1430 (N.Y. Ct. App. 1944).

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5 Misc. 2d 329 (Altman v. J. F. Loewi, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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