Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Citation
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Parent Document
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Jurisdiction
- New York (state)
- Effective Date
- 1983-05-23
Other Sections in This Document (14)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
- Greenburger v. Leary, 119 Misc. 2d 358 (1983)
Full Text
738 charsLewis R. Friedman, J. This case presents a novel application of the doctrine of “stale” nonpayment summary proceedings under the RPAPL. The respondent seeks to require a landlord who has commenced a holdover proceeding, based on an alleged breach of a material obligation of the lease, to accept tenders of rent or “use and occupation” during the course of that proceeding. According to the respondent the landlord’s failure to accept payments tendered after the holdover petition was served operated as a forfeiture of the landlord’s right to claim the back rent in a nonpayment proceeding commenced after the original case was dismissed. The respondent’s request to extend the case law concept of “staleness” or laches must be rejected.