McFadden v. Sassower, 27 Misc. 3d 45 (2010)

Citation: McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Parent Document: McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Jurisdiction: New York (state)
Effective Date: 2010-02-23
Original Source: https://www.courtlistener.com/opinion/6311073/mcfadden-v-sassower/ ↗

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Contrary to tenant’s position, landlord was not required to allege in the petition that tenant had tendered, and landlord had returned, checks for use and occupancy after landlord had served the notice of termination. Nor, on the record presented, which indicates that tenant subsequently stopped payment on the checks, is there a triable issue as to whether landlord reinstated the tenancy by retaining tenant’s rent checks. Furthermore, as this holdover proceeding was based upon tenant’s status as a month-to-month tenant by virtue of her possession of the apartment and landlord’s acceptance of a monthly payment therefor, tenant’s mother, who neither resided in the apartment nor paid rent, was not a month-to-month cotenant in the premises or a necessary party to the proceeding (cf. Wager v Haberman, 85 Misc 2d 314 [1975]).

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