Waterside Holding Corp.v.Lask

Appellate Division of the Supreme Court of New York, First DepartmentNov 6, 1931
233 App. Div. 456 (N.Y. App. Div. 1931)
233 App. Div. 456253 N.Y.S. 183

November 6, 1931.

Appeal from Supreme Court, First Department.

Melville H. Cane of counsel [ Pincus Berner with him on the brief; Ernst, Fox Cane, attorneys], for the appellant.

Henry Goldstein, for the respondent.

Present — FINCH, P.J., MERRELL, O'MALLEY, SHERMAN and TOWNLEY, JJ.


The Appellate Term has decided that a provision in a lease, waiving in advance a jury trial in the event of litigation between the landlord and tenant, is void as against public policy. This court has previously reversed a similar holding of the Appellate Term. ( Zeesell Realty Co., Inc., v. Cunningham, 215 App. Div. 811.) We adhere to that view.

On the merits the counterclaim set up by the tenant is insufficient. There was no evidence of negligence on the part of the landlord. ( Drescher Rothberg Co. v. Landeker, 140 N.Y. Supp. 1025, quoted with approval in Kessler v. The Ansonia, 253 N.Y. 453.)

The determination of the Appellate Term should be reversed and the judgment of the Municipal Court modified to the extent of dismissing the counterclaim and granting judgment for the plaintiff as prayed for in the complaint, and as so modified affirmed, with costs to the appellant in all courts.


Determination appealed from reversed and the judgment of the Municipal Court modified to the extent of dismissing the counterclaim and granting judgment for the plaintiff as prayed for in the complaint, and as so modified affirmed, with costs to the appellant in all courts.