Legal Opinion
Atkinson v. Trehan
Civil Court of the City of New York
Decided June 20, 1972PublishedCited by 5 opinions
1Opinion of the CourtMartin B. Steoher, J.
This is a summary proceeding brought by the landlord to recover possession of a one-family dwelling in Manhattan from the tenant. Two breaches of the lease are alleged: use of the property as other than a dwelling, and failure to pay taxes.
*615After trial I find that following a three-day notice to the tenant informing her the lease would terminate on the third day if the defaults were not cured, and prior to the commencement of this proceeding, the landlord accepted rent from the tenant. Such conduct is inconsistent with the alleged “ termination” of the lease, is in fact a reaffirmation of the…
2Cases cited1 opinion
- Petrakakis v. Crown Hotels, Inc.Appellate Division of the Supreme Court of the State of New York · 1956
3Cited by5 opinions
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- Weise v. GershmanCivil Court of the City of New York · 1977
- South Park Associates, L.L.C. v. RenzulliDistrict Court, S.D. New York · 2000