Skip to main content
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

571 chars
New York law has long recognized the inherent inconsistency of a landlord’s terminating a tenancy for breach of a lease, and then commencing a nonpayment proceeding. The general rule, as set forth in Ansonia and McCoack (supra), is motivated by the logical assumption that an owner who has demanded rent acknowledged that the tenancy has continued contrary to the position stated in the notice of termination and the holdover petition. The cases hold that by accepting rent after serving the notice but before serving the holdover petition, the owner revived the tenancy.