Landlord Started Case Within Three Months of Learning About Tenant's Dog

(Decision submitted by Bradley S. Silverbush of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease and without landlord's consent. Tenant claimed that she bought the dog in August 1997 and that landlord knew she had it for more than three months before taking any action. Tenant's son testified in court that he walked the dog and that landlord's security guards and maintenance people saw him. Landlord showed that its security guards were rotated every three or four days and argued that it wasn't their job to report on dogs in the building. Landlord's managing agent testified that there were 4,400 apartments in the building complex, that another tenant reported the dog in November 1997, and that a notice to get rid of the dog was sent to tenant within days after that. The court ruled for landlord. Landlord hadn't given up its right to object to the dog because its security guards or maintenance workers had seen her son walk the dog on the grounds of the building. Knowledge of a pet can only be attributed to landlord if its on-site employees, such as the managing agent or super, who are in and around the building on a regular basis, saw the dog. There was no proof that any maintenance people saw the dog in the apartment.

Seward Park Housing Corp. v. DeHope: L&T Index No. 120279/97 (1/6/99) (Civ. Ct. NY; Lau, J) [6-pg. doc.]