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W. 54-7, LLC v. FARBER

62 A.D.3d 485 (2009)

880 N.Y.S.2d 6

W. 54-7, LLC, Respondent, v. SHELDON FARBER et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

May 12, 2009.

In April and May 1998, defendants tendered their April and May 1998 rent payments to plaintiff on three occasions. Each time plaintiff rejected these tenders, stating, "[w]e are unable to accept any payment since there is a legal action pending against you." Plaintiff then stopped sending defendants monthly rent bills as had been its regular practice, and brought several other lawsuits against defendants. A landlord who rejects...

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