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FORTE v. VELEZ

19 Misc.2d 783 (1959)

Mary Forte, Respondent, v. Norberto Velez et al., Appellants.

Supreme Court, Appellate Term, Second Department.

October 2, 1959.

Attorney(s) appearing for the Case

Delukey & Shapiro (Stanley Shapiro of counsel), for appellants.

Henry Cron and Irving Wallenstein for respondent.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

Landlord waived the breach of covenant by accepting rent with knowledge of such breach. Landlord also failed to establish by competent proof that the occupancy here involved was illegal because of the requirements of law and subjected her to civil or criminal penalties. This disposition is without prejudice to the institution of a new proceeding, if the landlord be so advised, in the event that a violation...

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