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Jamaica Investors, Inc., v. Blacharsh

Supreme Court, Appellate Term, Second Department
Jan 27, 1949
193 Misc. 949 (N.Y. App. Term 1949)

Opinion

January 27, 1949.

Appeal from the Municipal Court of the City of New York, Borough of Queens, SCILEPPI, J.

Harry J. Halperin, Samuel L. Scholer and Lawrence H. Rosenthal for appellant.

James V. Masone for respondent.


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 A.D. 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.


Summaries of

Jamaica Investors, Inc., v. Blacharsh

Supreme Court, Appellate Term, Second Department
Jan 27, 1949
193 Misc. 949 (N.Y. App. Term 1949)
Case details for

Jamaica Investors, Inc., v. Blacharsh

Case Details

Full title:JAMAICA INVESTORS, INC., Landlord, Appellant, v. PAUL BLACHARSH, Tenant…

Court:Supreme Court, Appellate Term, Second Department

Date published: Jan 27, 1949

Citations

193 Misc. 949 (N.Y. App. Term 1949)
87 N.Y.S.2d 807

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