Nowey v. Kravitz

Pennsylvania Court of Common Pleas

Nowey v. Kravitz

14 Conn. Supp. 389, 1946 Conn. Super. LEXIS 123

CourtPennsylvania Court of Common Pleas

DecidedDecember 16, 1946

DocketFile No. 37178

StatusPublished

This text of 14 Conn. Supp. 389 (Nowey v. Kravitz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nowey v. Kravitz, 14 Conn. Supp. 389, 1946 Conn. Super. LEXIS 123 (Pa. Super. Ct. 1946).

Pincite

Opinion

DEVLIN, J.

The only question presented by this writ of error is whether a right of trial by jury in a summary process action may be waived by a covenant in a lease.

A constitutional or statutory guaranty of a right to jury trial in a civil case is, as a general rule, regarded as a mere privilege which a party litigant may at his option voluntarily waive by consenting to, or entering into, a stipulation or agreement for the submission of the trial of the case or of the issues therein to the court, and this regardless of whether there is any legislative provision for waiving a jury. 31 Am. Jur. 583. And so it has been held that a provision in a lease waiving a jury trial in summary proceedings is binding upon the parties. Waterside Holding Corporation v. Lask, 233 App. Div. 456; Cerana Apartments Corporation v. Solomon, 150 Misc. (N. Y.) 906, 907; Altman v. Loewi, Inc., 48 N. Y. S. 2d 14.

Judgment of the lower court is affirmed.

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DEVLIN, J.

The only question presented by this writ of error is whether a right of trial by jury in a summary process action may be waived by a covenant in a lease.

A constitutional or statutory guaranty of a right to jury trial in a civil case is, as a general rule, regarded as a mere privilege which a party litigant may at his option voluntarily waive by consenting to, or entering into, a stipulation or agreement for the submission of the trial of the case or of the issues therein to the court, and this regardless of whether there is any legislative provision for waiving a jury. 31 Am. Jur. 583. And so it has been held that a provision in a lease waiving a jury trial in summary proceedings is binding upon the parties. Waterside Holding Corporation v. Lask, 233 App. Div. 456; Cerana Apartments Corporation v. Solomon, 150 Misc. (N. Y.) 906, 907; Altman v. Loewi, Inc., 48 N. Y. S. 2d 14.

Judgment of the lower court is affirmed.

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Bluebook (online)

14 Conn. Supp. 389, 1946 Conn. Super. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowey-v-kravitz-pactcompl-1946.

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