Doorman Knew About Tenant's Dog

Landlord, which owned a condominium apartment that tenant lived in, sued to evict tenant for keeping a dog in violation of the ''no pet'' clause of tenant's lease. Tenant claimed that the doorman saw him bring the dog into the building the day he got him and never said anything. Tenant claimed that landlord had given up its right to object to the dog because it hadn't brought the lawsuit within three months of the doorman's discovery of the dog. Landlord claimed that it hadn't seen the dog until a month after tenant got it. Landlord said that the doorman was employed by the building, not landlord. Tenant claimed it didn't matter for whom the doorman worked and asked the court to dismiss the case without a trial. The court ruled for tenant. There can be only one management providing services to both landlords and tenants in a converted condominium building. Landlord didn't deny that the doorman saw the dog more than three months before landlord brought the eviction action. By law, landlord brought its case too late and therefore gave up its right to object to the dog.

111 East 88th Partners v. Reich: NYLJ, p. 31, col. 3 (5/12/99) (Civ. Ct. NY; Milin, J)