DENIAL OF JURY TRIAL WAS "FUNDAMENTAL ERROR"

In Escorp Inc. v. Myers , both the New York County Civil Court and the Appellate Term, First Department, concluded that Escorp Inc. was entitled to possession of Myers's apartment.

On appeal, the Appellate Division, First Department, reversed and remanded the matter for a jury trial before a different Civil Court judge.

In the underlying holdover proceeding, Myers, a pro se tenant, had requested a jury trial in his answer, paid the required fee, and, had followed the appropriate procedures. Myers also "repeatedly asserted his right to a jury trial to the Civil Court Judge, who nevertheless tried the matter without a jury." While that lapse was ignored by the AT1, the AD1 found the error "sufficiently fundamental to warrant reversal."

Is that why they mean by jury nullification ?

For a copy of the Appellate Division's decision, please use this link: Escorp Inc. v. Myers