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GOLDMAN v. SEGAL

278 A.D.2d 74 (2000)

718 N.Y.S.2d 34

JANE GOLDMAN et al., Respondents, v. RON SEGAL et al., Appellants, et al., Defendant.

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

Decided December 14, 2000.

Plaintiffs are entitled to use and occupancy for the entire period that no rent was demanded or paid. Although defendants had occupied the apartment for several years before plaintiffs finally realized that they were not billing defendants and demanded payment of rent, the record amply supports the trial court's finding that plaintiffs did not waive payment of rent (see, Jefpaul Garage Corp. v Presbyterian Hosp., ...

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