Landlord Returned Uncashed Check

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord had accepted a rent check after the tenancy was terminated and before starting the court case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. Tenant sent landlord a combined check for May and June rent after the April 30 termination date and before the May 11 start of the court case. Landlord returned the check uncashed without unreasonable delay on or about May 22, three weeks later, following discovery of his clerical error. Under the circumstances, there was no waiver.

Tursi v. Anderson: NYLJ, 5/31/01, p. 19, col. 4 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)