Tenant Didn't Prove He Kept Dog Without Objection

July 31, 2009

LVT Number: #22070

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant claimed that he had kept the dog “openly and notoriously” for more than three months before landlord started the eviction proceeding. Tenant argued that landlord therefore waived the right to object to the dog. The trial court ruled for landlord. Tenant appealed and lost. Tenant failed to prove that he had the dog for more than three months.

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant claimed that he had kept the dog “openly and notoriously” for more than three months before landlord started the eviction proceeding. Tenant argued that landlord therefore waived the right to object to the dog. The trial court ruled for landlord. Tenant appealed and lost. Tenant failed to prove that he had the dog for more than three months. Among other things, tenant had withdrawn his offer to produce documents he claimed showed he bought the dog more than three months before landlord started the case.

Barry Martin 4410 Corp. v. Santiago: NYLJ, 7/27/09, p. 27, col. 6 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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