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MONARCH PROP. ASSOC. v. BENJAMIN

114 Misc.2d 502 (1982)

Monarch Property Associates, Respondent, v. Ulysses Benjamin et al., Appellants.

Supreme Court, Appellate Term, Second Department.

February 19, 1982

Attorney(s) appearing for the Case

Julian J. Bailey for appellants. Etin, Rosenthal & Daniels for respondent.

BUSCHMANN, J. P., JONES and KUNZEMAN, JJ., concur.

MEMORANDUM.

Order unanimously modified by denying landlord's motion to strike the jury demands and counterclaims of all tenants other than tenant Brooks; as so modified, affirmed without costs. The proceeding against tenant Brooks is severed.

Upon this record, we find that the leases of all tenants other than Rachel Brooks were in type less than eight points in depth and accordingly the jury waiver clause as well as the clause waiving counterclaims contained...

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