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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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As stated in section I, such a waiver is conceptually inapplicable to an illegal use proceeding. Because the landlord is not permitted unilaterally to continue a tenancy involving an illegal use, a fortiori, the landlord and tenant may not permissibly do so by agreement.3 Moreover, once a tenancy has become void through illegal use under Real Property Law § 231, it would be contrary to the spirit of the law to permit *394the parties to reestablish their relationship, whether through collusion, negligence or inadvertence. To validate such a lease renewal would subvert the purpose of the statutory scheme and would leave the community without the full remedy the Legislature intended. Ill