Landlord Accepted Rent After Sending Termination Notice

January 1, 2001

LVT Number: 14687

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord had waived the right to bring the court case by accepting rent after termination of the tenancy, but before starting the court case. Landlord agreed and asked for permission to voluntarily discontinue its case. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. There was no harm to tenant by landlord's discontinuance. And the case hadn't been sent to trial yet.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord had waived the right to bring the court case by accepting rent after termination of the tenancy, but before starting the court case. Landlord agreed and asked for permission to voluntarily discontinue its case. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. There was no harm to tenant by landlord's discontinuance. And the case hadn't been sent to trial yet.

Steinberg v. Greher: NYLJ, 12/27/00, p. 22, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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