Landlord Delayed Too Long in Bringing Case

September 30, 1995

LVT Number: 10031

Landlord sued to evict tenants for keeping a dog in violation of their lease. Tenants claimed that landlord gave up any right to object to the dog by not doing so within three months of learning about the dog's presence. This was the fourth eviction landlord started concerning the dog; the first one had been dismissed ``without prejudice'' two years ago. The court ruled for tenants and dismissed the case. There was no proof that the first eviction was started on time. And at this point tenants had had the dog for over three years. There was no claim that the dog was a nuisance.

Landlord sued to evict tenants for keeping a dog in violation of their lease. Tenants claimed that landlord gave up any right to object to the dog by not doing so within three months of learning about the dog's presence. This was the fourth eviction landlord started concerning the dog; the first one had been dismissed ``without prejudice'' two years ago. The court ruled for tenants and dismissed the case. There was no proof that the first eviction was started on time. And at this point tenants had had the dog for over three years. There was no claim that the dog was a nuisance.

Bridgeview III Associates v. Manegal: NYLJ, p. 29, col. 5 (9/27/95) (Civ. Ct. Queens; Weinstein, J)

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