Landlord Didn't Give Up Right to Get Back Rent

LVT Number: 9594

Landlord sued tenant in Supreme Court for back rent. The court ruled for landlord and tenant appealed. The appeals court again ruled for landlord. Landlord never gave up its right to collect the back rent due from tenant. Although landlord may have unnecessarily refused to accept monthly payments offered by tenant, landlord unquestionably pursued its claim to the back rent payments.

Landlord sued tenant in Supreme Court for back rent. The court ruled for landlord and tenant appealed. The appeals court again ruled for landlord. Landlord never gave up its right to collect the back rent due from tenant. Although landlord may have unnecessarily refused to accept monthly payments offered by tenant, landlord unquestionably pursued its claim to the back rent payments.

San-Dar Associates v. Toro: NYLJ, p. 27, col. 3 (3/16/95) (App. Div. 1 Dept.; Rosenberger, JP, Kupferman, Nardelli, Tom, JJ)