Citation Codes Equivalent Citations citation codes Attorney(S) Nathan Permut for Harry Sand for See more information ... Smart Summary Please sign up to generate summary. ISABELLE KRESS, Landlord, Respondent, v. ABRAHAM SCHULMAN, Doing Business as GUMMED TAPE AND DEVICES COMPANY, Tenant, Appellant. MEMORANDUM Per Curiam. The clause of the lease waiving a jury trial applies only to actions or proceedings brought under the lease. ( Cochanski v. Bankmer Real Estate Corporation, 33 N.Y.S.2d 34.) The petition discloses that the proceeding herein is not based upon a written lease. The waiver clause, therefore, is inoperative and the tenant has the right to a jury trial. Order unanimously reversed upon the law, with ten dollars costs, and motion to strike out tenant's demand for a jury trial denied. Concur: MacCRATE, SMITH and McCOOEY, JJ.