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.