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Ripple's of Clearview, Inc. v. Le Havre Associates

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1981
85 A.D.2d 660 (N.Y. App. Div. 1981)

Opinion

December 21, 1981


In an action, inter alia, for a judgment declaring plaintiff's rights under a sublease and to recover money damages (which was consolidated with a holdover proceeding commenced by defendant), plaintiff appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated November 6, 1981, which granted defendant's motion to strike plaintiff's demand for a jury trial of specified issues. Order affirmed, without costs or disbursements. Plaintiff's affirmation of the existence of the sublease prohibits it from repudiating the provision in that sublease in which it waives its right to a jury trial (see Leav v Weitzner, 268 App. Div. 466, 468). Furthermore, the jury waiver provision in the sublease remains applicable to the subsequent statutory holdover tenancy (see Lera Realty Co. v Rich, 273 App. Div. 913; Jamaica Investors v Blacharsh, 193 Misc. 949, mot for Iv to app den 277 App. Div. 951). We do not reach appellant's remaining contentions. Mollen, P.J., Lazer, Cohalan and Thompson, JJ., concur.


Summaries of

Ripple's of Clearview, Inc. v. Le Havre Associates

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1981
85 A.D.2d 660 (N.Y. App. Div. 1981)
Case details for

Ripple's of Clearview, Inc. v. Le Havre Associates

Case Details

Full title:RIPPLE'S OF CLEARVIEW, INC., Appellant, v. LE HAVRE ASSOCIATES, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 21, 1981

Citations

85 A.D.2d 660 (N.Y. App. Div. 1981)

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