528 East 11th Street H.D.F.C. v. Durieaux

OPINION OF THE COURT

Michael D. Stallman, J.

Petitioner commenced this summary holdover proceeding on the ground that respondent’s use of a washing machine consti*596tutes a nuisance. Respondent has made a preanswer motion to dismiss the petition on several grounds, inter alia, that petitioner waived its claim by accepting rent. This motion requires analysis of the recent amendment to RPAPL 731 respecting commencement of a summary proceeding.

Respondent contends that petitioner reinstated respondent’s tenancy by accepting rent after the purported termination of her tenancy and before commencement of…