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.