Landlord Seeks Declaration that Tenant Violated No-Pet Clause

January 1, 1999

LVT Number: 12900

Landlord sued to evict tenant in Supreme Court, seeking a declaration that tenant had violated the lease's no-pet clause. Tenant asked the court to dismiss the case because the more proper type of action was an eviction case in Civil Court. The court ruled for tenant and dismissed landlord's case without prejudice. Landlord appealed, arguing that in this case it needed a declaration from the court and that one couldn't legally be obtained in Civil Court. The appeals court ruled for landlord and permitted reinstatement of landlord's Supreme Court action.

Landlord sued to evict tenant in Supreme Court, seeking a declaration that tenant had violated the lease's no-pet clause. Tenant asked the court to dismiss the case because the more proper type of action was an eviction case in Civil Court. The court ruled for tenant and dismissed landlord's case without prejudice. Landlord appealed, arguing that in this case it needed a declaration from the court and that one couldn't legally be obtained in Civil Court. The appeals court ruled for landlord and permitted reinstatement of landlord's Supreme Court action.

North Waterside Redevelopment Co. v. Febbraro: NYLJ, p. 24, col. 6 (12/31/98) (App. Div. 1 Dept.; Milonas, JP, Williams, Andrias, Saxe, JJ)

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