Tenant Waived Objection to Three-Day Demand

September 30, 1996

LVT Number: 10959

Landlord sued to evict tenant for nonpayment of rent. Before trial, landlord and tenant agreed in writing to waive any procedural objections, including tenant's claim that landlord didn't properly serve three-day demand notice. Still, the court ruled against landlord because the three-day demand was defective. Landlord appealed. The appeals court ruled for landlord. Tenant clearly waived objection to any defect in landlord's three-day demand.

Landlord sued to evict tenant for nonpayment of rent. Before trial, landlord and tenant agreed in writing to waive any procedural objections, including tenant's claim that landlord didn't properly serve three-day demand notice. Still, the court ruled against landlord because the three-day demand was defective. Landlord appealed. The appeals court ruled for landlord. Tenant clearly waived objection to any defect in landlord's three-day demand.

Parkchester Apartments Co. v. Walker: NYLJ, p. 28, col. 4 (9/16/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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