Seidman v. Melendez

Appellate Terms of the Supreme Court of New York

Seidman v. Melendez

33 Misc. 2d 892, 230 N.Y.S.2d 44, 1961 N.Y. Misc. LEXIS 1951

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 6, 1961

StatusPublished

This text of 33 Misc. 2d 892 (Seidman v. Melendez) 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

Seidman v. Melendez, 33 Misc. 2d 892, 230 N.Y.S.2d 44, 1961 N.Y. Misc. LEXIS 1951 (N.Y. Ct. App. 1961).

Pincite

Opinion

Per Curiam.

The acceptance of rent by landlord from the occupant of the apartment, with knowledge that she was not the person who signed the lease, constituted a waiver of any right to forfeit the lease. (Woollard v. Schaffer Stores Co., 272 N. Y. 304, 313.) Furthermore, by bringing a prior summary proceeding to evict the occupant for nonpayment of the August, 1960 rent, the landlord must be deemed to have accepted her as a tenant.

The final order should be unanimously reversed, with $30 costs to tenant, and final order directed for tenant, with appropriate costs in the court below.

Concur — Hast, Di Gtovanna and Benjamin, JJ.

Final order reversed, etc.

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