Prior Renewal Offer Binding

July 31, 1994

LVT Number: 8985

Landlord sued to evict tenant for nonprimary residence. Tenant argued that landlord couldn't claim nonprimary residence because landlord filed this claim after sending tenant a renewal lease, and before tenant's 60-day period to accept the offer was up. An appeals court ruled for tenant. The renewal offer was binding, and tenant's acceptance of it during the 60-day period prevents landlord from claiming nonprimary residence.

Landlord sued to evict tenant for nonprimary residence. Tenant argued that landlord couldn't claim nonprimary residence because landlord filed this claim after sending tenant a renewal lease, and before tenant's 60-day period to accept the offer was up. An appeals court ruled for tenant. The renewal offer was binding, and tenant's acceptance of it during the 60-day period prevents landlord from claiming nonprimary residence.

Herman v. Meryn: NYLJ, p. 21, col. 1 (7/29/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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