Landlord Didn't Start Case on Time

June 30, 1994

LVT Number: 8900

Landlord sued to evict tenants for violating their lease by keeping a dog in their apartment. The trial court dismissed landlord's case because it didn't start within three months after landlord discovered the dog. Landlord appealed, and the appeals court ruled for tenants. Since landlord had waited more than three months before bringing the suit, it had waived the no-pet clause in the lease.

Landlord sued to evict tenants for violating their lease by keeping a dog in their apartment. The trial court dismissed landlord's case because it didn't start within three months after landlord discovered the dog. Landlord appealed, and the appeals court ruled for tenants. Since landlord had waited more than three months before bringing the suit, it had waived the no-pet clause in the lease.

Metropolitan Life Insurance Co. v. Friedman: NYLJ, p. 25, col. 4 (6/6/94) (App. Div. 1 Dept.; Carro, PJ, Ross, Rubin, Tom, JJ)

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