Landlord Didn't Give Up Right to Object to Dog

December 1, 2000

LVT Number: 14578

Landlord sued to evict tenant in 1999 for keeping a small dog in violation of her lease. Tenant claimed that landlord had waived the right to object to the dog. She said she'd had the dog since 1994 and that various unnamed employees of landlord had seen it. The court ruled for tenant and dismissed the case. Landlord appealed and won. Tenant didn't name any particular employee who had seen the dog. Tenant lived in an apartment complex with 110 buildings and 11,000 tenants. Her building was on the edge of the complex and she walked the dog on a public street.

Landlord sued to evict tenant in 1999 for keeping a small dog in violation of her lease. Tenant claimed that landlord had waived the right to object to the dog. She said she'd had the dog since 1994 and that various unnamed employees of landlord had seen it. The court ruled for tenant and dismissed the case. Landlord appealed and won. Tenant didn't name any particular employee who had seen the dog. Tenant lived in an apartment complex with 110 buildings and 11,000 tenants. Her building was on the edge of the complex and she walked the dog on a public street. Landlord, on the other hand, showed that one of its employees discovered the dog after hearing it bark through the apartment door in 1999. Landlord started the eviction case within three months of this discovery.

Metropolitan Life Ins. Co. v. Ruiz: NYLJ, 11/6/00, p. 24, col. 6 (App. T.1 Dept.; Parness, PJ, Suarez, J)

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