Matter of Georgetown Unsold Shares, LLC v. Ledet
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cohen, J.
Introduction
On this appeal, we are asked to determine whether a landlord’s acceptance of unsolicited rent in the “window period” between the expiration date of a lease and the commencement of a holdover proceeding nullifies a landlord’s previous service of a notice of intention not to renew the lease. We conclude that the acceptance of unsolicited rent in these circumstances does not, by itself, demonstrate an intentional waiver of a previously served notice of intention not to renew the lease and, thus, does not vitiate that notice.
Factual and Procedural…
2Cases cited15 opinions
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
- MATTER OF 61 JANE ST. ASSOCS. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1985
- Sullivan v. Brevard AssociatesNew York Court of Appeals · 1985
- Manocherian v. Lenox Hill HospitalNew York Court of Appeals · 1994
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3Cited by16 opinions
- Matter of 322 W. 47th St. HDFC v. LooAppellate Division of the Supreme Court of the State of New York · 2017
- State v. Ted B.Appellate Division of the Supreme Court of the State of New York · 2015
- VRA Family L.P. v. Salon Mgt. USA, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Suit-Kote Corporation v. RiveraAppellate Division of the Supreme Court of the State of New York · 2016
- 385 Bayview LLC v. WarrenNassau County District Court · 2016
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