Landlord Didn't Prove Dogs Were Nuisance

Landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease. Landlord also claimed tenant's dog was a nuisance and dangerous. The court ruled against landlord. Landlord had started a prior lease violation action against tenant for keeping a dog. This was discontinued and had been started more than three months before the current action. So landlord had notice of tenant's dog for more than three months before taking action and gave up the right to sue for lease violation. Landlord also didn't prove nuisance. Landlord claimed tenant had three dogs who barked, ran up and down the halls, and urinated in the building. But only one witness testified about one incident where a dog urinated inside the building and tenant's son cleaned up afterward. Also, while city law bars anyone from keeping a dangerous dog, landlord never made this claim in its termination notice. Landlord's termination notice mentioned one dog and didn't state that tenant kept three pit bulls. Landlord couldn't amend the termination notice at this point.

RNR Realty Corp. v. Smith: NYLJ, p. 23, col. 2 (8/5/98) (Civ. Ct. Kings; Wendt, J)