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Sagson Co. v. Weiss

83 Misc. 2d 806, 374 N.Y.S.2d 88, 1975 N.Y. Misc. LEXIS 2988
CourtAppellate Terms of the Supreme Court of New York
DecidedOctober 7, 1975
StatusPublished
Cited by8 cases

This text of 83 Misc. 2d 806 (Sagson Co. v. Weiss) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sagson Co. v. Weiss, 83 Misc. 2d 806, 374 N.Y.S.2d 88, 1975 N.Y. Misc. LEXIS 2988 (N.Y. Ct. App. 1975).

Opinion

Per Curiam.

Appellant, as landlord, received rent of respondent with the knowledge that the latter, permitting the apartment to be co-occupied by another, was in breach of a covenant of the lease. The lease contained a clause stating that the landlord could not be deemed to have waived any rights regarding a breach of the lease by merely receiving rent with knowledge of the breach.

A "no waiver” clause of this character does not apply to a claim of waiver by open possession. Despite such a provision in a lease, the acceptance of rent with knowledge of a subletting constitutes a waiver of the right to terminate the tenancy for breach of the condition against such subletting (Woollard v Schaffer Stores Co., 272 NY 304; Condit v Manischewitz, 220 App Div 366; Borsella v Torres, NYLJ, April 22, 1974, p 2, col 1; 215 West 34th St. v Feldman, 105 NYS2d 209; Rasch, New York Landlord & Tenant [2d ed], § 738).

Final judgment, entered June 10, 1975 (Riley, H. O.), affirmed with $25 costs.

Concur — Fine, P. J., Frank and Hughes, JJ.

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Bluebook (online)
83 Misc. 2d 806, 374 N.Y.S.2d 88, 1975 N.Y. Misc. LEXIS 2988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sagson-co-v-weiss-nyappterm-1975.