Swinger Realty Corp. v. A. S. Kizner Imports, Inc.

70 Misc. 2d 742, 335 N.Y.S.2d 108, 1972 N.Y. Misc. LEXIS 2149

Opinions

Per Curiam,.

Plaintiff’s second cause of action is for “ damages sustained to premises by tenant installing security gate on premises without consent of plaintiff.” Section 259-c of the Real Property Law provides that a provision in a lease that a trial by jury is waived in any action ‘ ‘ brought by either of the parties thereto against the other in any action for personal injury or property damage ” is null and void. The right to a jury trial is fundamental in American jurisprudence. Provisions of law protective of that right may not be delimited by construction. Section 259-c of the Real Property Law applies to plaintiff’s second cause of action; and defendant’s jury demand should not have been stricken out.

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