Landlord Started Case on Time

April 30, 1995

LVT Number: 9670

Landlord sued to evict tenant for keeping a dog in violation of his lease. The trial court ruled against landlord. The court found that landlord's representative didn't have specific knowledge of how long tenant had the dog. So landlord didn't prove that it started the case within three months of discovering the dog. Landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Landlord's representative stated in court that landlord became aware of the dog on March 15, 1994. The case was started within two months after that date.

Landlord sued to evict tenant for keeping a dog in violation of his lease. The trial court ruled against landlord. The court found that landlord's representative didn't have specific knowledge of how long tenant had the dog. So landlord didn't prove that it started the case within three months of discovering the dog. Landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Landlord's representative stated in court that landlord became aware of the dog on March 15, 1994. The case was started within two months after that date. It then became tenant's obligation, not landlord's, to prove that landlord gave up the right to object to the dog by not starting legal action within three months.

90th Realty Co. v. Scolnick: NYLJ, p. 28, col. 3 (4/3/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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