In Janes v. Paddell, 74 Misc. 409, 132 N.Y.S. 379 (App Term, 1911) the court held that where a tenant continuously offered to pay rent, but the landlord refused to accept the same, he could not maintain summary proceedings to recover possession for nonpayment of rent. In that case there was also an issue regarding election of remedies, which is not present in the case at bar, but the court irrespective of said issue still addressed the tender and refusal of rent as a defense to a summary nonpayment proceeding. The court held in pertinent part ".... a landlord cannot be permitted to refuse rent from the tenant, and then dispossess the tenant for the nonpayment of the rent. The tender of the rent is under such circumstances equivalent to performance of the condition to pay rent." The court went on to conclude: In view of the tender and willingness to pay the rent and the repeated refusals to accept it by the landlord, we think that it is evident that she should not be permitted to predicate proceedings to dispossess the tenant upon the fact that the rent has not been paid. Id at 416.