Landlord waives right to evict tenants who had washing machine for 16 years.In a residential hold-over proceeding, landlord alleged that tenants installed a washing machine (storage) washing machine - An old-style 14-inch hard disk in a floor-standing cabinet. So called because of the size of the cabinet and the "top-loading" access to the media packs - and, of course, they were always set on "spin cycle". without the prior written consent of the landlord, in violation of the lease. Tenants argued that landlord and its predecessors-in-interest had waived any right to the relief sought. Uncontested proof showed that the tenants had operated a washing machine in the apartment for 16 years with the knowledge of the landlord and its predecessor. The lease contained a "no waiver The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished. The term waiver is used in many legal contexts. of lease provision." The court concluded that, despite the nonwaiver clause, landlord had waived its right to evict the tenants. Landlord and its predecessor had accepted rent from the tenants during the entire time. Also, different superintendents had been in the apartment and had seen the washer washer Orthopedics A flattened disk of metal with a central hole used to distribute stress under a screw head to prevent thin cortical bone from splitting; serrated washers are used to affix avulsed ligaments, small avulsion fractures or comminuted fractures to the . Tenants were granted summary judgement Noun 1. summary judgement - a judgment rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law . NY Law Journal |
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