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WESLEY v. BRINKLY

198 Misc. 783 (1950)

James Wesley et al., Landlords, v. Hosea Brinkly, Tenant.

Municipal Court of the City of New York, Borough of Brooklyn.

November 28, 1950.

Attorney(s) appearing for the Case

Samuel Fagelman for landlords.

Irving Leavitt for tenant.

HERZKA, J.

The landlords in this summary proceeding have moved at Special Term to strike the cause from the jury calendar on the ground that a lease entered into between the parties provides for a waiver of the tenant's right to a trial by jury. In opposition the tenant contends that the lease is invalid, and the waiver therein contained is ineffective.

It is not disputed that the parties signed a lease...

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