3 Misc. 2d 750 | N.Y. App. Term. | 1955
The tenant’s occupancy of the premises was without the landlord’s consent during the pendency of the protest proceedings by the landlord against the order made by
There is no dispute as to the total amount of rent due under the determination made by the State Bent Administrator. No waiver or estoppel can be invoked against the landlord because it retained but did not use checks forwarded by the tenant for the lesser amount of rent. (Wasservogel v. Meyerowitz, 300 N. Y. 125.) The amount due through February, 1955 at $265.68.
The final order should be reversed, with $30 costs, and final order and judgment directed in favor of the landlord in the sum of $265.68, with costs. Warrant and execution are stayed for 10 days after entry of final order.
Hofstadter, Schreiber and Hecht, JJ., concur.
Final order reversed, etc.