Carnavos v. Coster

The proof before the rent commission established the continuing breach by the tenant of the covenant against subletting and required issuance of a certificate of eviction. (Matter of Revere Associates v. Finkelstein, 193 Misc. 699, 701, revd. on other grounds, 274 App. Div. 440.) Violation of a covenant against subletting presents a continuing cause for forfeiture. (Conger v. Duryee, 90 N. Y. 594, 599; McCarter v. Davis, 202 App. Div 519, 522.) Whether there has been a waiver by the landlord of the violation of that substantial obligation of the tenancy is a matter for judicial determination…