Monarch Property Associates v. Benjamin

Appellate Terms of the Supreme Court of New York

Monarch Property Associates v. Benjamin

114 Misc. 2d 502, 454 N.Y.S.2d 173, 1982 N.Y. Misc. LEXIS 3505

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 19, 1982

StatusPublished

Cited by1 cases

This text of 114 Misc. 2d 502 (Monarch Property Associates v. Benjamin) 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.

Bluebook

Monarch Property Associates v. Benjamin, 114 Misc. 2d 502, 454 N.Y.S.2d 173, 1982 N.Y. Misc. LEXIS 3505 (N.Y. Ct. App. 1982).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

Order unanimously modified by denying landlord’s motion to strike the jury demands and counterclaims of all tenants other than tenant Brooks; as so modified, affirmed without costs. The proceeding against tenant Brooks is severed.

Upon this record, we find that the leases of all tenants other than Rachel Brooks were in type less than eight points in depth and accordingly the jury waiver clause as well as the clause waiving counterclaims contained in said leases should not be given effect (see CPLR 4544; Koslowski v Palmieri, 98 Misc 2d 885; Sorbonne Apts. Co. v Kranz, 96 Misc 2d 396).

Buschmann, J. P., Jones and Kunzeman, JJ., concur.

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