KELLONG HOLDING CORP. v. WILSON


21 Misc.2d 287 (1959)

Kellong Holding Corp., Appellant, v. John Wilson, Respondent.

Supreme Court, Appellate Term, First Department.

November 25, 1959.


Attorney(s) appearing for the Case

Samuel Pecker for appellant.

No one appearing for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

Neither the retention of money orders reflecting current rent, nor acceptance of reduced rental pursuant to an order of the Rent Commission, later revoked, constitutes basis for either waiver or estoppel. While the order of the Rent Commission was in effect, the landlord was forbidden to accept more than the rent fixed therein. Moreover, the Civil Practice Act permits the maintenance of summary proceedings...

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