
    Minnie Seidman, Respondent, v. Maria Melendez, Appellant, and Ramona Lopez, Undertenant.
    Supreme Court, Appellate Term, Second Department,
    December 6, 1961.
    
      
      Mary B. Tarcher and David L. Techlin for appellant. Hyman Frank for respondent.
   Per Curiam.

The acceptance of rent by landlord from the occupant of the apartment, with knowledge that she was not the person who signed the lease, constituted a waiver of any right to forfeit the lease. (Woollard v. Schaffer Stores Co., 272 N. Y. 304, 313.) Furthermore, by bringing a prior summary proceeding to evict the occupant for nonpayment of the August, 1960 rent, the landlord must be deemed to have accepted her as a tenant.

The final order should be unanimously reversed, with $30 costs to tenant, and final order directed for tenant, with appropriate costs in the court below.

Concur — Hast, Di Gtovanna and Benjamin, JJ.

Final order reversed, etc.  