Jury trial waiver (Where do i find cited App. Term Cases)

[Palombella]

Dear Tenantnet
Don`t take this as personal, take it as a clarification on the matter.

Since this is a forum , and members of this forum are seeking and giving advice under their free will, nobody can really put any limitations on how much somebody can say.

Mr Hawco is willingly and voluntarely replying to my posts, and the fact that he is an Attorney in private practice does not mean that he is limited in citing laws or giving opinions.
i am not here trying to get legal represenantion through some posting and replying.I have been in HC for over 2 years and by now i know how Client-attorney relationship works.

I am just asking opinions.

If you are freely giving me advice, why should not Mr. Hawco do the same?

With respect and higly appreciation for your work i hope that i clarified my position on this forum.

Thank you so much

[TenantNet]

Not taking it personally, of course.

I think you misunderstand. First, as this is a moderated forum (read our rules and guidelines), yes indeed, there are limits as to what can be said.

But that's not the issue here. What is the issue ... and why I have stressed this twice now, is that there is always the possibility that some people may think that any attorney who offers an opinion - or who merely opens his/her mouth - might be somehow liable for the consequences of any "legal advice" that is offered here, or is somehow obligated to the forum user. That's why all users must understand that what has been said is not legal advice, no attorney who offers any opinion here is giving any legal advice and there is no expectation of representation or any attorney-client relationship. TenantNet is not responsible for the consequences of any advice offered here. We are not attorneys and we do not represent any person on this forum.

Your posts seem directed at Mr. Hawco, which is why we are being cautious so you (and others) fully understand.

[cardinalfang]

The judge's ruling that a jury waiver in the departed tenant's lease is enforceable against a would-be successor is consistent with a number of appellate precedents that are binding on Housing Court judges. In the First Department (Manhattan and Bronx), see Fairfax Mgt. Corp. v Taveras, 2001 NY Slip Op 40478(U) (App Term, 1st Dept 2001); and Armay Indus. v Pollack, NYLJ, Sept. 20, 1995, at 25, col 1 (App Term, 1st Dept). In the Second Department (rest of NYC), see Alden Raleigh Estates v King, 2003 NY Slip Op 51160(U), (App Term, 2d & 11th Jud Dists 2003). Judges generally do not issue decisions that they expect will be reversed on appeal.