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FREDERICK GOLDMAN, INC. v. ABNER PROPERTIES CO.

5765. 651303/10.

158 A.D.3d 549 (2018)

68 N.Y.S.3d 721

2018 NY Slip Op 01168

FREDERICK GOLDMAN, INC., Appellant, v. ABNER PROPERTIES COMPANY, Respondent.

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

Decided February 20, 2018.

Commercial tenant's previous communications of disputing the subject charges by means other than by certified mail, as required by the lease, was insufficient evidence of an "intentional relinquishment [by landlord] of a known right with both knowledge of its existence and an intention to relinquish it" (Silverstein Props. v Paine, Webber, Jackson & Curtis, 104 A.D.2d 769, 771 [1st...

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