In Camilleri v. Pena , tenant Miriam Pena asked for a jury trial in a holdover proceeding brought by her landlord, David Camilleri.
When the New York County Civil Court denied the owner's request to strike the jury demand, an appeal to the Appellate Term, First Department, followed.
The AT1 was of the view Camilleri's motion was properly denied since neither party could produce the original lease (which dated back three decades) nor was there evidence the lease ever had a jury waiver.
While a waiver clause appeared in later renewal leases, the AT1 refused to give it deference since Camilleri couldn't demonstrate compliance with Rent Stabilization Code section 2522.5(g) -- which (with few exceptions) requires lease renewals to be on the same terms and conditions as the underlying lease.
A per-jury-ious result for Pena?
To download a copy of the Appellate Term's decision, please use this link: Camilleri v. Pena