In In Re Paulsen Real Estate Corp. v. Grammick, 244 A.D.2d 340 (2nd Dep't 1997), the landlord brought a holdover proceeding in this Court to obtain possession of premises when the residential tenant failed to cure a violation of no-pets provision of his lease. The Court, following a non jury trial, granted the petition and awarded the landlord possession of the premises. The Appellate Term reversed, concluding that the petitioner had waived the violation by accepting rent with knowledge that the tenant owned a dog. The Appellate Division reversed the Appellate Term and reinstated the judgment of this Court, holding that: While under certain circumstances a waiver may be inferred from the acceptance of rent, the Appellate Term erred in finding a waiver in this case where the parties had expressly agreed otherwise .