Schwartz v. Certified Management Corp

In Schwartz v. Certified Management Corp., 117 AD2d 521 (1st Dept. 1986) the subtenant was personally known to agents of the landlord, the managing agent and the doormen. Id. at 522. The Schwartz Court held that the landlord's acceptance of the rent, with knowledge that plaintiff was subletting to another, constituted a waiver of the right summarily to terminate plaintiff's tenancy for breach of the covenant against subletting. Id. at 523.