Landlord Returned Two Uncashed Checks to Tenant

January 1, 1997

LVT Number: 11188

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord had accepted rent checks after terminating the tenancy. The court ruled against landlord and dismissed the case. Landlord appealed. Landlord had briefly retained two rent checks from tenant after tenant's lease ended on Oct. 31, 1995, but before starting the court proceeding in December 1995. Landlord returned the checks when it discovered its clerical error. The court ruled for landlord and reopened the case.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord had accepted rent checks after terminating the tenancy. The court ruled against landlord and dismissed the case. Landlord appealed. Landlord had briefly retained two rent checks from tenant after tenant's lease ended on Oct. 31, 1995, but before starting the court proceeding in December 1995. Landlord returned the checks when it discovered its clerical error. The court ruled for landlord and reopened the case. Landlord didn't waive its right to bring the nonprimary residence case by accidently accepting two checks.

Pacer Realty Assocs. v. Bishop: NYLJ, p. 29, col. 1 (12/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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