Opinion
October 7, 1975
Appeal from the Civil Court of the City of New York, New York County, Housing Part, LEONARD N. COHEN, J.
La Penna Tuckman (Louis A. Tuckman and Emory Gardiner of counsel), for appellant.
Mandel Solomon, P.C. (Douglas P. Solomon of counsel), for respondent.
Kalman Finkel, John E. Kirklin, John W. Corwin, Guy W. Germano and Jeffrey E. Glen for the Legal Aid Society, amicus curiae.
A provision in a lease waiving a trial by jury in the event of any litigation between the parties is valid and binding (59th Park Assoc. v La Fond Adv., NYLJ March 3, 1972, p 2, col 4; D.B.S. Assoc. v Feldman, NYLJ, Dec. 3, 1970, p 2, col 2; Bako v 3 Hussars, NYLJ Feb. 19, 1970 p 2, col 1; Lera Realty Co. v Rich, 273 App. Div. 913) except in an action for personal injury or property damage (Real Property Law, § 259-c; Perlow v Mankato, NYLJ, Sept. 16, 1975 p 10, col 5). Nor, on this record, was tenant entitled to a hearing on this issue.
Order, dated June 4, 1975 (COHEN, J.), reversed, with $10 costs, and motion granted.
Concur — FINE, P.J., FRANK and HUGHES, J.J.