Landlord Didn't Start Case on Time

June 30, 2002

LVT Number: 15940

Landlord sued to evict tenant for keeping a dog, in violation of her lease. Landlord sent tenant a letter objecting to the dog on April 24. On June 11, landlord sent tenant a notice to cure dated May 15. Landlord sent tenant court papers on Aug. 8. Tenant claimed waiver, arguing that landlord didn't start the case within three months of discovering the dog. Landlord claimed that it started the case when it sent the cure notice, not when it sent the court papers. The court ruled for tenant and dismissed the case. The case was started when landlord sent the petition.

Landlord sued to evict tenant for keeping a dog, in violation of her lease. Landlord sent tenant a letter objecting to the dog on April 24. On June 11, landlord sent tenant a notice to cure dated May 15. Landlord sent tenant court papers on Aug. 8. Tenant claimed waiver, arguing that landlord didn't start the case within three months of discovering the dog. Landlord claimed that it started the case when it sent the cure notice, not when it sent the court papers. The court ruled for tenant and dismissed the case. The case was started when landlord sent the petition. This was more than three months after landlord sent the letter admitting that it knew about the dog.

Musialowski v. Perez: NYLJ, 6/26/02, p. 21, col. 4 (Civ. Ct. NY; Finkelstein, J)

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