Landlord Accepted Rent

September 30, 1997

LVT Number: 11840

Landlord sued to evict tenant. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Landlord had accepted rent from tenant after serving a termination notice and before commencing holdover proceeding. So landlord had given up its right to evict.

Landlord sued to evict tenant. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Landlord had accepted rent from tenant after serving a termination notice and before commencing holdover proceeding. So landlord had given up its right to evict.

MBRB Realty Assocs. v. Gardiner: NYLJ, p. 28, col. 5 (9/30/97) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Patterson, JJ)

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