Altman v. J.F. Loewi, Inc.

Full title: ISRAEL ALTMAN et al., Respondents, v. J.F. LOEWI, INC., Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Apr 12, 1944

5 Misc. 2d 329 (N.Y. App. Term 1944)

48 N.Y.S.2d 14

Opinion

April 12, 1944

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JAMES S. WATSON, J.

Sidney Kramer for appellant.

Nathan Rosenberg for respondents.

Per Curiam.

Plaintiffs' cause of action arises "out of or under the covenants and conditions of" the lease. They are, therefore, bound by its terms, one of which waived the right to trial by jury. The fact that the wife was not a party to the lease does not give her any greater rights, particularly in view of the fact that she joined her husband in the action and whatever rights she had to use the storage room stemmed from her occupancy of the apartment which was leased to her husband.

The order should be reversed, with $10 costs, and motion granted.

SHEINTAG, McLAUGHLIN and HECHT, JJ., concur.

Order reversed, etc.