Opinion
May 12, 1944.
Appeal from the Municipal Court of the City of New York, McLAUGHLIN, J.
Nathan Permut for appellant.
Harry Sand for respondent.
MEMORANDUM
The clause of the lease waiving a jury trial applies only to actions or proceedings brought under the lease. ( Cochanski v. Bankmer Real Estate Corporation, 33 N.Y.S.2d 34.) The petition discloses that the proceeding herein is not based upon a written lease. The waiver clause, therefore, is inoperative and the tenant has the right to a jury trial.
Order unanimously reversed upon the law, with ten dollars costs, and motion to strike out tenant's demand for a jury trial denied.
Concur: MacCRATE, SMITH and McCOOEY, JJ.