[DOWNLOAD] "Chatsworth Realty Corp. v. Gjovik" by New York County Civil Court of the City of New York " Book PDF Kindle ePub Free
eBook details
- Title: Chatsworth Realty Corp. v. Gjovik
- Author : New York County Civil Court of the City of New York
- Release Date : January 07, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is a non-primary residence holdover proceeding in which the petitioner seeks to strike the jury demand in the respondents answer. It is undisputed that the initial lease dated December 1, 1979, included a jury waiver provision, and as a nontraditional family member, the respondent succeeded to this lease in 1989. The court is not persuaded by the respondents initial argument that he was not a signature to the initial lease and therefore did not agree to and cannot be bound by said waiver provision. Once the respondent succeeded to the aforementioned initial lease in 1989, the terms of said lease, including the jury waiver provision, carried over and became binding upon the respondent. (N.Y.U. v. Eckstein, N.Y.L.J., October 15, 2001, pg. 18, col. 1 [App. Term 1st Dept.].) On the other hand, the respondents alternative argument that at the time the initial lease was entered into, no cause of action existed under rent regulation for non-primary residence, and hence there could not have been a knowing jury waiver for same, (Klipack v. Raymar, 273 A.D. 54, 75 NYS2d 418 [1st Dept. 1947]), bears further analysis.