Jamaica Investors, Inc. v. Blacharsh
This text of 193 Misc. 949 (Jamaica Investors, Inc. v. Blacharsh) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Upon the termination of the -written lease the tenant became a statutory tenant and the clause in the lease by which he waived a jury trial was carried over and projected into the statutory tenancy. (Parkwest Realty Corp. v. Kenny, N. Y. L. J., Jan. 26, 1948, p. 321, col. 7 [App. Term, 2d Dept.] ; Glassberg v. Trachtenberg, N. Y. L. J., Feb. 2,1948, p. 421, col. 3 [App. Term, 2d Dept.] ; 130 West 57 Corp. v. Hyman, 188 Misc. 92; Continental Merchandise Co. v. Harris, 76 N. Y. S. 2d 613 [App. Term. 1st Dept.]; Schultz v. Wietchner, 271 App. Div. 971.)
The final order should be vacated and intermediate order unanimously reversed on the law and new trial granted, with $30 costs to the landlord to abide the event, and the motion to strike the proceeding from the jury calendar granted.
Steinbrink, Fennelly and Froessel, JJ., concur.
Ordered accordingly.
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Cite This Page — Counsel Stack
193 Misc. 949, 87 N.Y.S.2d 807, 1949 N.Y. Misc. LEXIS 2005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamaica-investors-inc-v-blacharsh-nyappterm-1949.