The record reflects that landlord at all times made it clear that compliance with permit requirements was expected, and that although landlord was willing to lend assistance, it was not going to waive this requirement ( cf. Waldbaum, Inc. v. Fifth Ave. of Long Is. Realty Assoc., 85 NY2d 600, 606-607). The evidence, including that received from tenant's witnesses, indicated that landlord consistently refused to acquiesce or participate in tenant's defaulting conduct. Thus, the court's finding that no waiver occurred is amply supported by the record ( see generally Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 NY2d 492, 499).
Tenant's remaining contentions have been considered and are without merit.