Did Landlord Accept Checks from Undertenant?

April 30, 1994

LVT Number: 8786

Landlord sued to evict tenant and undertenant. The court ruled for landlord. Undertenant then asked the court to be restored to possession. The court ruled against undertenant, and undertenant appealed. The appeals court ruled for undertenant, restoring him to possession, and reopened the case. There were factual questions (1) as to whether landlord had accepted undertenant's rent checks for the months following the period covered in a stipulation and, (2), if landlord didn't do so, as to whether landlord's holding of undertenant's checks constituted a waiver of its right to evict.

Landlord sued to evict tenant and undertenant. The court ruled for landlord. Undertenant then asked the court to be restored to possession. The court ruled against undertenant, and undertenant appealed. The appeals court ruled for undertenant, restoring him to possession, and reopened the case. There were factual questions (1) as to whether landlord had accepted undertenant's rent checks for the months following the period covered in a stipulation and, (2), if landlord didn't do so, as to whether landlord's holding of undertenant's checks constituted a waiver of its right to evict.

Tolis Properties v. Nahid Development Ltd.: NYLJ, p. 32, col. 5 (4/25/94) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Patterson, JJ)

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