Court Rejects Defendant's Motion to Strike Plaintiff's Jury Demand

NEW YORK - A New York trial court has denied a landlord's motion to strike tenants' jury demand in a consolidated nonpayment and personal injury case, ruling that the tenants did not seek consolidation, which could have waived the demand. Carroll v. Nostra Realty Corp., No. 109293/2002 (N.Y. Sup., N.Y. Cty.).

Justice Carol Robins Edmead of the New York County Supreme Court also held Aug. 25 that the tenants did not waive their right to a jury trial by filing a counterclaim in the nonpayment of rent portion of the consolidated action, and that the parties' lease agreement does not …