SAGSON CO. v. WEISS


83 Misc.2d 806 (1975)

Sagson Co., Appellant, v. J. Leonard Weiss et al., Respondents.

Supreme Court, Appellate Term, First Department.

October 7, 1975


Attorney(s) appearing for the Case

Frederick L. Sohn for appellant. Seymour Forman for respondents.

Concur — FINE, P. J., FRANK and HUGHES, JJ.


Per Curiam.

Appellant, as landlord, received rent of respondent with the knowledge that the latter, permitting the apartment to be co-occupied by another, was in breach of a covenant of the lease. The lease contained a clause stating that the landlord could not be deemed to have waived any rights regarding a breach of the lease by merely receiving rent with knowledge of the breach.

A "no waiver" clause of...

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