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126 Misc. 2d 99; 481 N.Y.S.2d 208; 1984 N.Y. Misc. LEXIS 3556

Citation
126 Misc. 2d 99; 481 N.Y.S.2d 208; 1984 N.Y. Misc. LEXIS 3556
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

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None of the leases annexed to petitioner’s motion papers bind the four tenants who paid a jury fee in these proceedings. As petitioner admits, the payment of one jury fee in a consolidated action is sufficient to entitle all respondents to a jury trial. (Parsoff v Brogrand Realty Corp., 1 Misc 2d 657; see, also, Donmar Realty Corp. v Kyle, Civ Ct, NY City, L&T No. 29416/76, Danzig, J.) Accordingly, the jury fee paid by respondents in proceedings 1 through 4 is deemed applicable to all respondents eligible for trial by jury in these proceedings.

It is unknown whether the eleventh lease contains such a clause, since a large portion of the annexed lease copy is obscured and the legible portion does not reveal any jury waiver provision.