Landlord Can Seek Use and Occupancy
LVT Number: 10133
Tenant sued landlord. Tenant's lease had expired. Landlord counterclaimed for use and occupancy. The court ruled for landlord on this issue, and tenant appealed and lost. Landlord's supposed failure to begin holdover proceedings or demand rent during tenant's holdover period didn't bar landlord from seeking payment for use and occupancy.
Baiocco v. Charles H. Greenthal Management: NYLJ, p. 27, col. 2 (10/26/95) (App. Div. 1 Dept.; Rosenberger, JP, Rubin, Ross, Nardelli, Mazzarelli, JJ)