New York Court of Appeals
In the Matter of Fred Jaroslow v. Lehigh Valley Railroad Company
February 20, 196923 N.Y.2d 991
Summary
The New York Court of Appeals affirmed the Appellate Division's order, holding that under Section 232-c of the Real Property Law a holdover tenancy is not created when the landlord does not accept rent, limiting the landlord's remedy to eviction and damages, and rejecting a nonpayment of rent action where no tenancy exists.