2777 LLC v. Marilyn Black Dussault et al. (2011)

MEMORANDUM OF DECISION RE MOTION TO STRIKE # 121.00

This case comes to this court as a motion to strike the case from the jury.   The court finds that the defendant is an attorney.   The Lease Exhibit # 2, provides for a waiver of jury trial.   Paragraph 26 is clear that a jury trial has been waived.   The paragraph is conspicuous by its location on page 4, and the title, waiver of trial by jury out to the margin.   Accordingly, the court strikes the claim from the jury list.   The court notes that this case came to this court by way of the Housing Court where there was no jury trial provided for.

SO ORDERED.

EDWARD R. KARAZIN, JR.

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.