Landlord Didn't Start Case on Time

Landlord sued to evict tenant for keeping a pit bull dog in her apartment in violation of her lease. Tenant moved into the apartment in April 1996. Landlord claimed it discovered the dog in July 1996 and sent tenant a notice to cure in August 1996. Landlord's case was initially dismissed because landlord wasn't prepared to go ahead on the scheduled trial date. Landlord then sent another notice to cure and petition. Tenant claimed landlord's second petition wasn't on time because it wasn't brought within three months of when tenant started keeping the dog. The court ruled for tenant. Landlord's second petition would have been deemed on time if, as landlord claimed, it first discovered the dog in July 1996, one month before serving the initial notice to cure. But tenant proved she had the dog when she moved into the apartment in April 1996 and kept it openly. So landlord's first notice to cure wasn't sent until four months after landlord discovered the dog. Landlord's other claim, that the dog was a nuisance, was also dismissed because landlord didn't produce witnesses to support its claim that the dog frightened other tenants, and tenant presented a dog psychologist who testified that the dog was friendly.

Lewis Morris Assocs. v. Rodriguez: NYLJ, p. 30, col. 6 (2/25/98) (Civ. Ct. NY; Tao, J)