Opinion
February 19, 1982
Appeal from the Civil Court of the City of New York, Housing Part, Kings County, HERBERT KRAMER, J.
Julian J. Bailey for appellants.
Etin, Rosenthal Daniels for respondent.
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 in said leases should not be given effect (see CPLR 4544; Koslowski v Palmieri, 98 Misc.2d 885; Sorbonne Apts. Co. v Kranz, 96 Misc.2d 396).
BUSCHMANN, J.P., JONES and KUNZEMAN, JJ., concur.