Landlord Fails to Prove That Tenant's Pitbull Dog Created Nuisance

Landlord co-operative corporation sued to evict tenant shareholder for violating his proprietary lease. The co-op was pet-friendly but prohibited tenants from keeping certain dog breeds. Tenant's dog was a pitbull, which was included on the list of prohibited breeds. Tenant asked the court to dismiss the case. Landlord in turn asked for declaratory relief and an injunction. Landlord submitted several statements about the dog annoying neighbors and a statement from a licensed process server who said that the dog attacked him while he was serving papers at the building. The court ruled for tenant. Although it was concerned about the attack incident, landlord failed to show that tenant's dog caused damage to the premises, created a nuisance, or interfered with the health, safety, or welfare of other tenants of the same or adjoining building.

360 E. 72nd St. Owners Inc. v. Wolkoff: Index No. 655998/2021, 2024 NY Slip Op 31173(U), NYLJ 4/17/24, p. 17, col. 2 (Sup. Ct. NY; 4/4/24; Tisch, J)