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

Landlord sued to evict tenant for keeping a dog in violation of the no-pets clause in his lease. Tenant claimed that he kept the dog with landlord's knowledge for more than three months before landlord complained. So tenant argued that landlord had given up any right to evict him for keeping the pet. The court ruled for tenant. Landlord appealed and won. Landlord found out about tenant's dog two months after tenant got the dog and immediately sent tenant the legally required notice. Tenant lived in a 1,700-unit apartment complex. The fact that the dog may have been seen earlier by some of the security guards hired by landlord through an independent contractor or by some of the many maintenance workers at the complex didn't constitute notice to landlord of the dog. It was a large building complex, and it wasn't the job of these workers to report dogs at the building. Landlord's management office acted promptly after learning about the dog.

Seward Park Hous. Corp. v. Chen: NYLJ, 3/2/00, p. 28, col. 6 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)