Said final order of the Justice's Court is vacated.
The receipt and acceptance by the landlord, before the issuance of the warrant of eviction, of the full amount of rent found to be due by the final order constituted an assent to the continuance of the tenancy. (Matter of Walker v. Ribotsky, 275 App. Div. 112.) The facts as to such receipt and acceptance of the rent, while not presented before the Justice of the Peace, were duly presented by affidavit to the...
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