Trial Required on Tenant's Claim

March 1, 2001

LVT Number: 14827

Landlord sued to evict tenant after terminating his tenancy. Tenant claimed that landlord had waived its right to evict tenant by accepting rent after the tenancy termination date and before landlord delivered the court papers. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord raised questions of fact about the circumstances and events surrounding the receipt and retention of the rent checks in question. So the case was sent back for further fact finding.

Landlord sued to evict tenant after terminating his tenancy. Tenant claimed that landlord had waived its right to evict tenant by accepting rent after the tenancy termination date and before landlord delivered the court papers. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord raised questions of fact about the circumstances and events surrounding the receipt and retention of the rent checks in question. So the case was sent back for further fact finding.

HKAL 34th St. LP v. Tarshis: NYLJ, 2/7/01, p. 26, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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