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BAIOCCO v. CHARLES H. GREENTHAL MGMT.

220 A.D.2d 322 (1995)

633 N.Y.S.2d 10

Costanza Baiocco, Appellant, v. Charles H. Greenthal Management et al., Respondents

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

October 24, 1995

There is no merit to plaintiff's contention that defendants' failure to initiate holdover proceedings or demand rent during plaintiff's holdover period should estop them from seeking payment for use and occupancy (see, 1400 Broadway Assocs. v Lee & Co., 161 Misc.2d 497, 500). Plaintiff's remaining contentions are also without merit or improperly raised for the first time on appeal (Aguirre v City of New York

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