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FIFTHWAY REALTY v. SUDBURY IMP. CO.

35 Misc.2d 159 (1962)

Fifthway Realty Corp., Respondent, v. Sudbury Import Co., Inc., Appellant.

Supreme Court, Appellate Term, First Department.

February 15, 1962

Attorney(s) appearing for the Case

Helmut J. Kraemer and David Gale for appellant. Henry Solomon for respondent.

Concur — HECHT, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

In an eviction proceeding where the uncontradicted testimony and documentary proof established that the landlord had accepted rent between the time of the statutory notice of the termination of tenancy and the commencement of the holdover proceeding, the proceeding should have been dismissed (Guy v. Furman, 4 Misc.2d 564 [App. Term, 1st Dept.]).

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