Tenant Gets Chance to Remove Dog

July 31, 1997

LVT Number: 11667

Landlord sued to evict tenant for keeping more than one dog, which was a violation of her lease. The court ruled for landlord and issued an eviction warrant. Tenant appealed, claiming that she'd been given no chance to remove the dog to avoid eviction. The appeals court ruled for tenant. By law, tenant should have received 10 days to cure the lease violation. The court granted a 10-day delay of issuance of the eviction warrant so that tenant could correct the breach of her lease by removing the additional dog.

Landlord sued to evict tenant for keeping more than one dog, which was a violation of her lease. The court ruled for landlord and issued an eviction warrant. Tenant appealed, claiming that she'd been given no chance to remove the dog to avoid eviction. The appeals court ruled for tenant. By law, tenant should have received 10 days to cure the lease violation. The court granted a 10-day delay of issuance of the eviction warrant so that tenant could correct the breach of her lease by removing the additional dog.

Cohen & Zerenowitz Realty Corp. v. Asero: NYLJ, p. 25, col. 2 (7/24/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis)

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