MODLIN v. TOWN & COUNTRY TUX, INC.


42 A.D.2d 586 (1973)

Fred Modlin, Respondent, v. Town and Country Tux, Inc., Appellant

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

June 11, 1973


Order of the Appellate Term reversed, on the law and the facts, with costs to the tenant, and judgment of the District Court affirmed.

The landlord permitted five to six weeks to elapse before rejecting the tenant's late (by 14 days) notice of lease renewal. The parties occupied adjoining premises in the same building and saw one another casually a number of times during that period. Under all the circumstances, the landlord's conduct constituted a waiver of the tenant...

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