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Altman v. J. F. Loewi, Inc.

5 Misc. 2d 329 Court Supreme Court, Appellate Term, First Department, Decision date 1944-04-12 English

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p. 329
Israel Altman et al., Respondents, v. J. F. Loewi, Inc., Appellant.
Supreme Court, Appellate Term, First Department,
April 12, 1944.
Sidney Kramer for appellant.
Nathan Rosenberg for respondents.

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 what

p. 330
ever 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.