One Check Accepted During Window Period

Landlord sued to evict tenant after terminating his tenancy. Tenant asked the court to dismiss the case. Tenant pointed out that landlord accepted rent from tenant after the tenancy was terminated and before starting the eviction case in court. The court ruled for tenant. Landlord appealed and won. Landlord accepted only one rent check during this window period. This didn't prove that landlord intended to give up a known right to bring the eviction case against tenant.

Metropolitan Ins. and Annuity Co. v. Hartman: NYLJ, 4/25/06, p. 26, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, J)