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Parise v. Seaman Trucking Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 14, 1951
278 App. Div. 845 (N.Y. App. Div. 1951)

Summary

holding that the invoked jury waiver clause of the lease related only to actions brought to enforce the provisions of covenant numbered 23 of the lease, of which the jury waiver clause was an integral part, and that this was not such an action

Summary of this case from Henricks Commerce Park, LLC v. Main Steel Polishing Co.

Opinion

May 14, 1951.


In an action by a landlord against a former tenant to recover for damages to the demised premises, alleged to have resulted from the tenant's failure to repair and to leave the premises in good state and condition at the expiration of the demised term in compliance with covenants of the written lease, an order has been entered upon the landlord's motion striking the case from the jury calendar and placing it on the nonjury calendar, upon the ground that by a provision of the lease the tenant waived its right to a jury trial. Order reversed, with $10 costs and disbursements, and the motion denied, with $10 costs. It is our opinion that the invoked waiver clause of the lease relates only to actions brought to enforce the provisions of covenant numbered 23 of the lease, of which the clause is an integral part, and that this is not such an action. Nolan, P.J., Carswell, Adel, Sneed and MacCrate, JJ., concur.


Summaries of

Parise v. Seaman Trucking Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 14, 1951
278 App. Div. 845 (N.Y. App. Div. 1951)

holding that the invoked jury waiver clause of the lease related only to actions brought to enforce the provisions of covenant numbered 23 of the lease, of which the jury waiver clause was an integral part, and that this was not such an action

Summary of this case from Henricks Commerce Park, LLC v. Main Steel Polishing Co.
Case details for

Parise v. Seaman Trucking Co., Inc.

Case Details

Full title:FRED J. PARISE, Respondent, v. SEAMAN TRUCKING CO., INC., Appellant

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

Date published: May 14, 1951

Citations

278 App. Div. 845 (N.Y. App. Div. 1951)

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