Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570782/25
Slip Opinion Number
2026 NY Slip Op 50529(U)
Petitioner
875 River View Realty LLC
Respondent
Joanna Rose Marzullo
Judge
Brigantti, , Tisch, , Alpert,
Decision/Order Date
2026-04-15
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Term affirmed the Civil Court's order granting the landlord's motion to strike the tenant's jury demand in a holdover proceeding. The court found that the original lease, under which the tenant sought succession rights, contained an enforceable jury waiver provision that bound the tenant. The court also held that the landlord's motion to strike the jury demand was not untimely, nor did the tenant demonstrate prejudice due to any delay.
Keywords
Jury Demand Properly Stricken; Jury Waiver in Original Lease; Motion to Strike not Untimely
Recommended Citation
"875 River View Realty LLC v. Marzullo" (2026). All Decisions. 2182.
https://ir.lawnet.fordham.edu/housing_court_all/2182
