Landlord Can Object to Replacement Dog

April 30, 1996

LVT Number: 10556

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant claimed that landlord had waived any right to object to the dog. The court ruled for tenant, and landlord appealed. Landlord pointed out that tenant had gotten a dog in 1987. Landlord didn't object within three months and admittedly waived any right to object. But when tenant's dog died in 1994, tenant got a new dog. Landlord objected to the new dog immediately. The appeals court ruled for landlord. Any waiver under the NYC pet law applied only to tenant's first dog.

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant claimed that landlord had waived any right to object to the dog. The court ruled for tenant, and landlord appealed. Landlord pointed out that tenant had gotten a dog in 1987. Landlord didn't object within three months and admittedly waived any right to object. But when tenant's dog died in 1994, tenant got a new dog. Landlord objected to the new dog immediately. The appeals court ruled for landlord. Any waiver under the NYC pet law applied only to tenant's first dog. That waiver didn't apply to the replacement dog; this was a new lease violation.

Park Holding Co. v. Emicke: NYLJ, p. 25, col. 3 (4/16/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freeman, JJ)

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