Landlord Waived Right to Object to Tenant's Pet

Landlord sued to evict tenant for violating her lease by harboring a pet without landlord’s permission. Tenant claimed that a prior proceeding for the same relief was dismissed by the court due to landlord’s defective notices. Tenant also claimed that landlord brought the new case more than three months after landlord became aware that tenant was keeping the pet. Landlord argued that CPLR 205(a) tolled the operation of the pet waiver law for six months after the first case was dismissed. But the appeals court disagreed. Landlord waived its right to seek eviction for keeping a pet because it waited too long to do so. In another case that landlord relied on, the parties had signed a stipulation of discontinuance without prejudice. There was no such agreement in this case.

Bray Realty, LLC v. Pilag: 2016 NY Slip Op 26307, 2016 WL 5477877 (App. T. 2 Dept.; 9/20/16; Pesce, PJ, Solomon, Elliot, JJ)