The following excerpt is from Wagner Bldg. v. United Cigar-Whelan Stores Corp., 203 Misc. 382 (N.Y. Dist. Ct. 1952):
There is no doubt as to the inability of the landlord to maintain these proceedings if the rent for October, 1952, the "holdover month", had been collected by it. (Empire State v. Graceline Handbags, 192 Misc. 679.)
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