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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)

Citation
Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)
Parent Document
Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)
Jurisdiction
New York (state)
Effective Date
1996-06-04

Other Sections in This Document (36)

Full Text

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The concept of waiver is based on contract principles and is applicable to landlord-tenant situations involving a breach of lease. In the typical holdover proceeding, the lease terminates according to its own terms if the tenant breaches the lease by doing a contractually prohibited act or by not doing a required act. To the extent that the lease itself provides that such acts result in the lease’s termination, the parties, having agreed to those terms, are bound by them. If, however, the owner acts in a manner inconsistent with his or her rights under the lease to deem the lease term over, the law implies that the owner waived the right to assert the contractual remedy of lease termination.