KRESS v. SCHULMAN

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.