Landlord Accepted Use and Occupancy

Landlord sued to evict tenant. The court ruled for landlord, and tenant appealed. The court delayed eviction pending the appeal, provided tenant pay use and occupancy. Tenant claimed that landlord's acceptance of the use and occupancy reinstated the tenancy. The court ruled against tenant. Landlord's acceptance of use and occupancy didn't result in a reinstatement of the tenancy or a waiver of landlord's rights.

Tri-Faith Housing Co. v. Fitzgerald: NYLJ, p. 28, col. 3 (9/16/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)