Landlord Waived Right to Collect Rent

LVT Number: 11952

Landlord sued former tenant in small claims court for back rent. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. In settlement of a prior eviction proceeding, landlord had agreed to release tenant from any claims for rent or use and occupancy.

Landlord sued former tenant in small claims court for back rent. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. In settlement of a prior eviction proceeding, landlord had agreed to release tenant from any claims for rent or use and occupancy.

Wittenberg v. Shaw: NYLJ, p. 28, col. 4 (11/28/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, Freedman, JJ)