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PADELL NADELL FINE WEINBERGER & CO. v. MIDTOWN REALTY CO.

245 A.D.2d 188 (1997)

665 N.Y.S.2d 891

Padell Nadell Fine Weinberger & Co., Respondent-Appellant, v. Midtown Realty Co., Appellant-Respondent

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

December 18, 1997

The estoppel certificates executed by the tenant in connection with the landlord's applications for a loan do not "unmistakeably or unequivocally establish [the tenant's] intentional relinquishment of [a] known right" to seek reimbursement from the landlord of claimed overpayments arising out of the computation of additional rent under the lease (Won's Cards v Samsondale/Haverstraw Equities, 165 A.D.2d 157...

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