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EST OF GREENBERG v. SCHEFLER

102 Misc.2d 308 (1979)

Estate of Charles Greenberg, Ethel Stutsky, as Executrix, Appellant, v. Bessie Schefler, Respondent.

Supreme Court, Appellate Term, First Department.

October 26, 1979.

Attorney(s) appearing for the Case

Finkelstein, Schwartz & Goldstein, P. C. (Robert D. Goldstein and Chester J. Weinstein of counsel), for appellant. Michael D. Kaufman and George S. Locker for respondent.

Concur: DUDLEY, P. J., HUGHES and ASCH, JJ.

Per Curiam.

Order entered July 5, 1979 (B. COHEN, J.) is reversed, with $10 costs, and the landlord's motion to strike tenant's jury demand is granted.

Special Term determined the jury waiver provision of the lease between the parties to be unconscionable as a matter of law and thus unenforceable (Real Property Law, § 235-c, subd 1). We disagree.

The courts have consistently upheld the validity...

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