South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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For purposes of determining the window period for waiving a notice to quit, the Court already resolved that the notice to quit served on April 28, 2022 and the follow up stipulations do not qualify as notices to quit (see Summary Judgment Denied supra at 3-4). However, even if the April 28, 2022 notice to quit were acceptable, the ledger annexed to Miller's affidavit indicates that Petitioner accepted rent twice (May 2, 2022 and July 27, 2022) before commencing this holdover proceeding on September 9, 2022 (see Miller aff, exhibit 6). At the very least, Petitioner's own records create a question of fact about whether it vitiated the April 28, 2022 notice to quit. Therefore, the eleventh affirmative defense survives dismissal.

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