239, 243 & 247 Corp. v. Dorothy Poole

The landlord instituted this proceeding against the tenant to evict by reason of tenant’s holding over in the premises. It appears that the following salient facts are not in dispute: namely, that a one-year lease between the parties of the decontrolled apartment expired April 30, 1968, and same was not renewed or extended, and that although a 30-day notice to increase the rent was served by landlord upon tenant to be effective February 1,1970, the landlord waived the increase and *954agreed to accept and did receive the rental provided for in the expired lease. It appears also, without dispute,…