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Supreme Court, Appellate Division, First Department, New York.

CHEMICAL BANK, Plaintiff, v. Stanley STAHL, Doing Business as Stahl Park Avenue Co., et al., Defendants.

Stanley Stahl, Doing Business as Stahl Park Avenue Co., Plaintiff-Appellant, v. Chemical Bank, Defendant-Respondent. [And Other Actions]

Decided: February 18, 1999

SULLIVAN, J.P., ELLERIN, LERNER and RUBIN, JJ. Dean G. Yuzek, for plaintiff-appellant. Michael F. Coyne, for defendant-respondent.

Order, Supreme Court, New York County (Charles Ramos, J.), entered September 29, 1998, which, insofar as appealed from, struck plaintiff's demand for a jury trial, unanimously affirmed, with costs.

On a prior appeal (255 A.D.2d 126, 679 N.Y.S.2d 386), we determined that plaintiff's claim for nuisance was redundant of his claim for breach of contract based on defendant's failure to restore the premises to a certain condition, and that plaintiff was not entitled to consequential damages for such breach but only the reasonable costs of restoring the premises to the stipulated condition.   Plaintiff's remaining claims, for such costs and attorneys' fees, are clearly contractual in nature.   Accordingly, Real Property Law § 259-c, voiding jury waivers in leases with respect to personal injury or property damage claims, is inapplicable.   We have considered plaintiffs' other arguments and find them to be unpersuasive.


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