New York Court of Appeals

Atkin's Waste Materials, Inc. v. Stephen May, Constituting the Common Council of the City of Rochester

June 19, 197434 N.Y.2d 422

Summary

The Court of Appeals reversed the lower court's order and reinstated the trial court's judgment that Atkin's Waste Materials timely exercised its option to renew the lease. The majority held that the landlord's acceptance of rent with knowledge of alleged defaults waived the right to terminate and that substantial compliance with lease terms satisfied the renewal condition.