Lee v. Wright

In Lee v. Wright (108 A.D.2d 678 [1st Dept 1985, mem], the First Department reversed Supreme Court's grant of summary judgment for the landlord in a plenary sublet action. The court found that despite a no-waiver clause in the lease, contested issues of fact concerning waiver required a trial. The contested issues in Lee were, in the landlord's favor, that the landlord averred that it accepted checks from the tenant inadvertently and, in the tenant's favor, that the subtenant paid rent for four years. (See id. at 679-680.)