Landlord Forfeited Appeal by Accepting Rent

June 30, 1999

LVT Number: 13316

A housing court judge ordered landlord to restore tenant to possession on the condition that he pay $3,800 in back rent. Landlord accepted the rent and also appealed the court's order. The appeals court dismissed the appeal. Landlord got the benefit of the court's order by accepting tenant's payment of back rent. So landlord wasn't allowed to appeal the order.

A housing court judge ordered landlord to restore tenant to possession on the condition that he pay $3,800 in back rent. Landlord accepted the rent and also appealed the court's order. The appeals court dismissed the appeal. Landlord got the benefit of the court's order by accepting tenant's payment of back rent. So landlord wasn't allowed to appeal the order.

Hollis Crest Assocs. v. Antonucci: NYLJ, p. 32, col. 1 (6/10/99) (App. T. 2 Dept.; Aronin, JP, Scholnick, Patterson, JJ)

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