SOWALSKY v. E. F. MacDONALD STAMP CO., INC.


31 A.D.2d 582 (1968)

James F. Sowalsky, Appellant, v. E. F. Macdonald Stamp Company, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1968


AULISI, J.

This proceeding was instituted to recover possession of premises allegedly occupied wrongfully by a hold-over tenant. Respondent interposed the defense that it was a month to month tenant pursuant to section 232-c of the Real Property Law. The crucial issue was whether the landlord had "accepted" rent for the period in question within the meaning of that section. During the course of the trial held before the City Court, respondent's counsel...

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