Landlord Didn't Start Case on Time

April 30, 1993

LVT Number: 6934

Landlord sued to evict tenant for violating his lease by keeping a dog in his apartment. The trial court dismissed landlord's petition as untimely, and landlord appealed. The appeals court also dismissed the case because landlord didn't start the proceeding within three months after discovering the presence of the dog. Landlord was aware of the dog by May 22, 1990. Landlord served a notice to cure by July 12 of that year and ended the tenancy as of July 25. Landlord didn't complete service of its notice of petition and petition until August 23, 1990.

Landlord sued to evict tenant for violating his lease by keeping a dog in his apartment. The trial court dismissed landlord's petition as untimely, and landlord appealed. The appeals court also dismissed the case because landlord didn't start the proceeding within three months after discovering the presence of the dog. Landlord was aware of the dog by May 22, 1990. Landlord served a notice to cure by July 12 of that year and ended the tenancy as of July 25. Landlord didn't complete service of its notice of petition and petition until August 23, 1990. But, the three-month period within which to start the proceeding had expired on August 22---three months after landlord discovered the dog.

Park Holding Co. v. Grossman: NYLJ, p. 25, col. 2 (4/2/93) (App. T. 1 Dept.; McCooe, Glen, JJ)

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