Zwick v. Lodewijk Corporation

Zwick (defendant) leased office space from Lodewijk and Miller (plaintiffs) and frequently paid rent later than the lease's due date; the lease contained a non-waiver clause stating the landlords' failure to act on a default would not waive that default. When the landlords sued over Zwick's late payments, she argued their repeated acceptance of late rent, and representations by their agents, showed they had waived the timely-payment requirement.

Whether the existence of a non-waiver clause effectively precludes waiver of another provision in all cases.